SPS 361.31(2)(e)3.
3. The title and edition of an alternate model building code used in the plan as allowed under s.
SPS 361.51 (8) shall be submitted to the department or its authorized representative.
SPS 361.31(3)(a)(a) A plan review application form shall be included with the construction documents and information submitted to the department for examination and approval. Pursuant to s.
SPS 302.07 (3), the department shall review and make a determination on an application for plan review under this chapter within 15 business days.
SPS 361.31 Note
Note: The Department forms required in this chapter are available at the Department's website at
www.dsps.wi.gov through links to Division of Industry Services forms.
SPS 361.31 Note
Note: Under s.
145.195, Stats., “No county, city, town or village may issue a building permit for construction of any structure requiring connection to a private domestic sewage treatment and disposal system unless a system satisfying all applicable regulations already exists to serve the proposed structure or all permits necessary to install such a system have been obtained." See ch.
SPS 383 for applicable regulations.
SPS 361.31(3)(b)
(b) If, upon examination, the department determines that the construction documents or application for approval do not substantially conform to chs.
SPS 361 to
366, the application for conditional approval will be denied, in writing.
SPS 361.31(3)(c)
(c) If, upon examination, the department determines that the construction documents and the application for approval substantially conform to chs.
SPS 361 to
366, a conditional approval, in writing, will be granted and the plans will be stamped conditionally approved. All conditions stated in the conditional approval shall be complied with before or during construction.
SPS 361.31 Note
Note: The plan examination and approval by the department does not constitute an approval to proceed with construction prior to obtaining any permits or approvals that are required by a local unit of government.
SPS 361.31(4)(a)1.1. All proposed revisions and modifications which involve rules under chs.
SPS 361 to
366 and which are made to construction documents that have previously been granted approval by the department or its authorized representative, shall be submitted for review to the office that granted the approval.
SPS 361.31(4)(a)2.
2. All revisions and modifications to the plans shall be approved in writing by the department or its authorized representative prior to the work involved in the revision or modification being carried out.
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;
CR 16-094: am. (2) (d), (e), cr. (2) (e) 3., am. (3) (b), (c), (4) (a) 1.,
Register April 2018 No. 748 eff. 5-1-18.
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 chs.
SPS 361 to
366, 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 361.35
SPS 361.35 Revocation of approval. The department may revoke any approval, issued under chs.
SPS 361 to
366, for any false statements or misrepresentation of facts on which the approval was based.
SPS 361.36
SPS 361.36 Expiration of plan approval and extension 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. Except as provided in sub.
(2), 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(1)(g)
(g) Bleachers and canopies. Except as provided in sub.
(2), plan approval by the department or its authorized representative for bleachers or free standing canopies shall expire 2 years after the approval date on the approved plans of the structure.
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
(g) 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;
CR 16-094: am. (1) (f), cr. (1) (g), am. (2) (a),
Register April 2018 No. 748 eff. 5-1-18.
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 361.40(1)(a)(a) Except
as provided in par.
(b), the proposed construction of a project within the scope of chs.
SPS 361 to
366 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.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. SPS 361.40(3)(a)(a) 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(3)(b)
(b) If the supervising architect, engineer, or designer withdraws from a construction project, the owner of the building or structure shall retain a new supervising professional within 30 days of the date of the withdrawal and provide the authority that issued plan approval the name and Wisconsin registration number of the replacement supervising professional.
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 website 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;
CR 16-094: am. (1) (a), renum. (3) to (3) (a), cr. (3) (b),
Register April 2018 No. 748 eff. 5-1-18.
SPS 361.41(1)(a)(a) When required, on-site inspections shall be conducted within 5 business days following a request by the applicant or an authorized representative.
SPS 361.41(1)(b)
(b) Construction may proceed 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 municipality or authorized inspection agency.
SPS 361.41(1)(c)
(c) 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 chs.
SPS 361 to
366.
SPS 361.41 Note
Note: See s.
101.14, Stats., and ch.
SPS 314 for requirements relating to fire inspections and fire prevention.
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)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.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)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 chs.
SPS 361 to
366, 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)
Mausoleum. Within 30 days after receiving written notice from a cemetery authority that the construction or conversion of a mausoleum has been completed, the department or authorized representative shall inspect the mausoleum and provide written notification of violations. Except as provided in s.
157.12 (2) (b), Stats., mausoleum spaces may not be sold prior to approval by the department or its authorized representative.
SPS 361.41 Note
Note: Sale of 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;
CR 16-094: renum. (1) to (1) (c) and am., cr. (1) (a), (b), am. (2) (d) 1., (3),
Register April 2018 No. 748 eff. 5-1-18.
subch. V of ch. SPS 361
Subchapter V — Approval and Inspection of Modular Multifamily Dwellings and their Components
SPS 361.45
SPS 361.45 Modular multifamily dwelling scope. This subchapter shall govern the design, manufacture, installation, and inspection of modular multifamily housing, modular multifamily building systems, and the building system components displaying the Wisconsin insignia.
SPS 361.45 History
History: CR 16-094: cr.,
Register April 2018 No. 748 eff. 5-1-18.
SPS 361.46
SPS 361.46 Manufacture, sale, and installation of dwellings. SPS 361.46(1)(1)
Manufacture and sale. No modular multifamily housing, modular multifamily building system and the building system components subject to this subchapter may 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 in accordance with s.
SPS 361.47 (6).
SPS 361.46(2)
(2)
Compliance assurance program. A manufacturer of a modular multifamily dwelling shall establish a compliance assurance program to ensure that materials, production, and site operations conform to chs.
SPS 361 to
366 and approved construction documents. The compliance assurance program shall be independent from the production of the unit. The compliance assurance program shall include all of the following:
SPS 361.46(2)(a)
(a) Inspection and testing procedures that include inspection and testing frequency, processes, and criteria for accepting and rejecting materials and products.
