SPS 320.16(5)(c)(c) Not be considered a waiver of any defense nor an admission of any fact until accepted by the secretary. SPS 320.16(6)(a)(a) Subpoenas; witness fees. Subpoenas shall be signed and issued by the department or the clerk of any court of record. Witness fees and mileage of witnesses subpoenaed on behalf of the department shall be paid at the rate prescribed for witnesses in circuit court. SPS 320.16(6)(b)(b) Conduct of hearings. All hearings shall be conducted by persons selected by the department. Persons so designated may administer oaths or affirmations and may grant continuances and adjournments for cause shown. The respondent shall appear in person and may be represented by an attorney-at-law. Witnesses may be examined by persons designated by all parties. SPS 320.16(7)(7) Findings. The department shall make findings and enter its order within 14 days of the hearing. Any findings as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary. SPS 320.16(8)(8) Appeal arguments. Appeal arguments shall be submitted to the department in writing in accordance with ch. 227, Stats., unless otherwise ordered. The department shall review and make a determination on an appeal of notification of suspension or revocation of approval within 45 business days of receipt of the appeal. SPS 320.16 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (8), Register, February, 1985, No. 350, eff. 3-1-85; am. (1), Register, October, 1996, No. 490, eff. 11-1-96. SPS 320.17SPS 320.17 Effect of suspension and revocation. SPS 320.17(1)(1) Bearing of insignia. Upon suspension or revocation by the department of the approval of any modular home or manufactured building component, no further insignia shall be attached to any home or building component manufactured with respect to which the approval was suspended or revoked. Upon termination of such suspension or revocation, insignias may again be attached to the home or building component manufactured after the date approval is reinstated. Should any home or building component have been manufactured during the period of suspension or revocation, it shall not be entitled to bear the Wisconsin insignia unless the department has inspected, or caused to be inspected, such modular home or manufactured building component and is satisfied that all requirements for certification have been met. SPS 320.17(2)(2) Return of insignias. The manufacturer shall return to the department all insignias allocated for a modular home or manufactured building component no later than 30 days from the effective date of any suspension or revocation of the approval by the department. The manufacturer shall also return to the department all insignias which it determines for any reason are no longer needed. SPS 320.17 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; corrections made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639. SPS 320.18(1)(a)(a) Materials, equipment and products regulated by this code may receive a written approval from the department indicating code compliance. SPS 320.18(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 320.18(1)(b)2.2. Tests, compilation of data, and calculations for materials, equipment and products shall be conducted by a qualified independent third party. SPS 320.18(2)(a)(a) Materials, equipment and products which 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 320.18(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 320.18(2)(b)2.2. Tests, compilation of data, and calculations for materials, equipment and products shall be conducted by a qualified independent third party. SPS 320.18(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 320.18(3)(b)(b) The department may require the submission of any information deemed necessary for review. SPS 320.18(3)(c)(c) The department may limit the number of applications it will accept for approval of experimental materials, equipment or products. SPS 320.18(3)(d)(d) Installations of a material, equipment or product under an experimental approval shall comply with all of the following: SPS 320.18(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. SPS 320.18(3)(d)2.2. A copy of the experimental approval shall be attached to the submitted plans and approved plans. SPS 320.18(3)(d)3.a.a. A letter of consent from the owner of the installation shall be attached to the submitted plans and approved plans. SPS 320.18(3)(d)3.b.b. The letter under subd. 3. a. 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 320.18(3)(d)4.4. A person responsible for construction of the project shall be designated in writing by the owner. SPS 320.18(3)(d)5.5. The 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 320.18(3)(e)1.1. Any onsite inspections shall be performed by the department, or other person authorized by the department, at time intervals as specified by the department, but not less than once a year. The inspector shall write an inspection report. SPS 320.18(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 320.18(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 320.18(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 320.18(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 320.18(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 320.18(4)(a)4.4. For an experimental approval, a determination shall be made within 6 months of receipt of all required materials. SPS 320.18(4)(b)1.1. The department may include specific conditions in issuing an approval, including an expiration date for the approval. SPS 320.18(4)(b)2.2. Violations of the conditions under which an approval is issued shall constitute a violation of this code. SPS 320.18(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 320.18(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 320.18(4)(e)1.1. The department may revoke or deny an approval of a material, equipment or product for any false statements or misrepresentations of relevant facts or data, unacceptability of a third party providing information, or as a result of material, equipment or product failure. SPS 320.18(4)(e)2.2. The department may re-examine an approved material, equipment or product and issue a revised approval at any time. SPS 320.18(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 320.18(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 320.18(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 320.18(5)(a)(a) Ungraded or used building materials may be used or reused as long as the material possesses the essential properties necessary to achieve the level of performance required by the code for the intended use. SPS 320.18(5)(b)(b) The department or the municipality enforcing this code may require tests in accordance with sub. (1) or (2). SPS 320.18 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; cr. (3), Register, February, 1985, No. 350, eff. 3-1-85; am. (1), Register, November, 1995, No. 479, eff. 12-1-95; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1996, No. 490; r. and recr., Register, September, 2000, No. 537, eff. 10-1-00; correction in (4) (h) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 320.19SPS 320.19 Petition for variance. The department may grant a variance to a rule only if the variance does not result in lowering the level of health, safety and welfare established or intended by the rule. The department may consider other criteria in determining whether a variance should be granted including the effect of the variance on uniformity. SPS 320.19(1)(1) Application for variance. The applicant shall submit the petition for variance application to the municipality exercising jurisdiction in order to receive the municipal recommendation. Where no municipality exercises jurisdiction, the application shall be submitted to the department. The following items shall be submitted when requesting a variance: SPS 320.19(1)(a)(a) A clear written statement of the specific provisions of this code from which a variance is requested and the method of establishing equivalency to those provisions. SPS 320.19(1)(b)(b) A fee in accordance with s. SPS 302.52. The municipality may require a fee for the processing of the application in addition to the department’s fee. SPS 320.19 NoteNote: A copy of the Petition for Variance form (SBD-9890) is contained in the ch. SPS 325 Appendix A. SPS 320.19(2)(2) Municipal recommendation. The municipality administering and enforcing this code shall submit all applications for variance to the department, together with a municipal recommendation within 10 business days after receipt of the application. The recommendation of the municipality shall include the following items: SPS 320.19(2)(c)(c) An assessment of the overall impact of the variance on the municipality. SPS 320.19 NoteNote: A copy of the Municipal Recommendation form (SBD-9890) is contained in the ch. SPS 325 Appendix A. SPS 320.19(3)(3) Departmental action. Where a municipality administers and enforces the code, the department shall decide petitions for variance and shall mail notification to the municipality and the applicant within 5 business days after receipt of the application and municipal recommendation. Where the department enforces the code, the department shall decide petitions for variance within 15 business days after receipt of the application and fees. SPS 320.19 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. Register, November, 1995, No. 479, eff. 12-1-95; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1996, No. 490; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 320.20SPS 320.20 Municipal variance from the code. Any municipality exercising or intending to exercise jurisdiction under this code may apply to the department for a variance permitting the municipality to adopt an ordinance not in conformance with this code. The department shall review and make a determination on a municipal request to adopt an ordinance not in conformance with this code within 60 business days of receipt of the request. SPS 320.20(1)(1) Application for variance. The department may grant an application only under the following circumstances: SPS 320.20(1)(a)(a) The municipality has demonstrated that the variance is necessary to protect the health, safety or welfare of individuals within the municipality because of specific climate or soil conditions generally existing within the municipality. SPS 320.20(1)(b)(b) The municipality has demonstrated that the granting of the variance, when viewed both individually and in conjunction with other variances requested by the municipality, does not impair the statewide uniformity of this code. SPS 320.20(2)(2) Departmental inquiry. Prior to making a determination, the department shall solicit within the municipality and consider the statements of any interested persons as to whether or not said application should be granted. SPS 320.20(3)(3) Appeals. Any municipality aggrieved by the denial of an application may appeal the determination in accordance with the procedure set out in s. 101.02 (6) (e) to (i) and (8), Stats. The department shall review and make a determination on an appeal of denial of a municipal request to adopt an ordinance not in conformance with this code within 60 business days of receipt of the appeal. SPS 320.20(4)(4) Uniformity. This section shall be strictly construed in accordance with the goal of promoting statewide uniformity. SPS 320.20 HistoryHistory: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (intro.) and (3), Register, February, 1985, No. 350, eff. 3-1-85. SPS 320.21SPS 320.21 Appeals of orders, determinations, and for extension of time. SPS 320.21(1)(1) Appeals of orders and determinations by a municipality exercising jurisdiction. Appeals of order or determination of a municipality exercising jurisdiction under this code, including denials of application for permits, shall be made in accordance with the procedure set out in ch. 68, Stats., prior to making an appeal to the department, except as follows: SPS 320.21(1)(a)(a) Appeals of final determinations by a municipality exercising jurisdiction. Appeals of final determination by municipalities shall be made to the department after the procedures prescribed in ch. 68, Stats., have been exhausted. All appeals to the department shall be in writing stating the reason for the appeal. All appeals shall be filed with the department within 10 business days of the date the final determination is rendered under ch. 68, Stats. The department shall render a written decision on all appeals within 60 business days of receipt of all calculations and documents necessary to complete the review. SPS 320.21 NoteNote: Chapter 68, Stats., provides that municipalities may adopt alternate administrative appeal procedures that provide the same due process rights as ch. 68, Stats. Municipalities having adopted such alternate procedures may follow those alternate procedures. SPS 320.21(2)(2) Appeals of orders and determinations by the department. Appeals of an order of the department made pursuant to the provisions of this code, including denials of application for permits, shall be in accordance with the procedure set out in s. 101.02 (6) (e) to (i) and (8), Stats. The department shall review and make a determination on an appeal of an order or determination within 60 business days of receipt of all calculations and documents necessary to complete the review.
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Chs. SPS 301-399 ; Safety, Buildings, and Environment
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