SPS 327.14 HistoryHistory: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.15(1)(a)(a) Materials, equipment and products regulated by this code may receive a written approval from the department indicating code compliance. SPS 327.15(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 327.15(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 327.15(2)(a)(a) Materials, equipment and products, including experimental 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 327.15(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 327.15(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 327.15(3)(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 327.15(3)(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 327.15(3)(a)3.3. For voluntary and alternate approvals, a determination shall be made within 40 business days of receipt of all required materials. SPS 327.15(3)(b)1.1. The department may include specific conditions in issuing an approval, including an expiration date for the approval. SPS 327.15(3)(b)2.2. Violations of the conditions under which an approval is issued shall constitute a violation of this code. SPS 327.15(3)(c)(c) If the department determines that the material, equipment, or product does not comply with this code or the intent of this code, the request for approval shall be denied in writing. SPS 327.15(3)(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 327.15(3)(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 327.15(3)(e)2.2. The department may re-examine an approved material, equipment, or product and issue a revised approval at any time. SPS 327.15(3)(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 327.15(3)(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 327.15(3)(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 327.15(4)(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 327.15(4)(b)(b) The department or the municipality enforcing this code may require tests in accordance with sub. (1) or (2). SPS 327.15 HistoryHistory: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.16SPS 327.16 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 327.16(1)(1) Application for variance. Application for a petition for variance shall be made on a form furnished by the department. 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 327.16(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 327.16(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 327.16 NoteNote: A copy of the petition for variance form, SBD-9890, is contained in ch. SPS 325 Appendix A. SPS 327.16(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 327.16(2)(c)(c) An assessment of the overall impact of the variance on the municipality. SPS 327.16 NoteNote: A copy of the municipal recommendation form, SBD-9890, is contained in ch. SPS 325 Appendix A. SPS 327.16(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 327.16 HistoryHistory: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.17SPS 327.17 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 327.17(1)(1) Application for variance. The department may grant an application only under the following circumstances: SPS 327.17(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 327.17(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 327.17(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 327.17(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 327.17(4)(4) Uniformity. This section shall be strictly construed in accordance with the goal of promoting statewide uniformity. SPS 327.17 HistoryHistory: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.18SPS 327.18 Appeals of orders, determinations, and for extension of time. SPS 327.18(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 provided in sub. (2). SPS 327.18(2)(2) Appeals of final determinations by a municipality exercising jurisdiction. Appeals of final determinations 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 327.18 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 327.18(3)(3) Appeals of orders and determinations by the department. Appeals of orders or determinations 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. SPS 327.18(4)(a)(a) The time for correction of cited orders as set out in s. SPS 327.11 shall automatically be extended in the event that an appeal of the orders is filed. The extension of time shall extend to the termination of the appeal procedure and for additional time as the department or municipality administering and enforcing this code may allow. SPS 327.18(4)(b)(b) The department or municipality administering and enforcing this code may grant additional reasonable time in which to comply with a violation order. SPS 327.18 HistoryHistory: EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4-1-18. SPS 327.19(1)(1) Consent. Pursuant to s. 227.21 (2), Stats., the attorney general has consented to the incorporation by reference of the standards listed in Tables 327.19-1 to 327.19-7. SPS 327.19(2)(2) Adoption of standards. The standards referenced in Tables 327.19-1 to 327.19-7 are incorporated by reference into this chapter. SPS 327.19 NoteNote: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased, or are available for free, through the respective organizations or other information listed in Tables 327.19-1 to 327.19-7.
SPS 327.19(3)(a)(a) Alternate standards that are equivalent to or more stringent than the standards incorporated by reference in this chapter may be used in lieu of incorporated standards when approved by the department or if written approval is issued by the department in accordance with par. (b). SPS 327.19(3)(b)1.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 327.19(3)(b)1.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 327.19(3)(b)2.2. Determination of approval shall be based on an analysis of the alternate standard and the incorporated standard, prepared by a qualified independent third party or the organization that published the incorporated standard. SPS 327.19(3)(b)3.3. 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 327.19(3)(b)4.4. If the department determines that the alternate standard is not equivalent to or more stringent than the standards incorporated by reference, the request for approval shall be denied in writing. SPS 327.19(3)(b)5.5. The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based. The department may re-examine an approved alternate standard and issue a revised approval at any time. Table 327.19-1
Table 327.19-2
Table 327.19-3
Table 327.19-4
Table 327.19-5
Table 327.19-6
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