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. SPS 361.50(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 361.50(3)(g)(g) Paragraphs (e) and (f) do not apply to an experimental system if chs. SPS 361 to 366 are revised to include or enable the experimental system to conform to the intent of chs. SPS 361 to 366. SPS 361.50(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 361.50(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 361.50(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 361.50(4)(a)4.4. For an experimental approval, the determination shall be made within 6 months of receipt of all required materials. SPS 361.50(4)(b)1.1. The department may include specific conditions in issuing an approval, including an expiration date for the approval. SPS 361.50(4)(c)(c) If the department determines that the material, equipment, or product does not comply with chs. SPS 361 to 366 or the intent of chs. SPS 361 to 366, or that an experimental approval will not be issued, the request for approval shall be denied in writing. SPS 361.50(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 361.50(4)(e)1.1. The department may revoke or deny an approval for any false statements or misrepresentations of relevant facts or data, unacceptability of a third party that provided any information on which the approval was based, or as a result of material, equipment or product failure. SPS 361.50(4)(e)2.2. The department may reexamine an approved material, equipment or product and issue a revised approval at any time. SPS 361.50(4)(f)(f) The department may revoke an approval if the department determines that the material, equipment, or product does not comply with chs. SPS 361 to 366 or the intent of chs. SPS 361 to 366 due to a change in the code or department interpretation of the code. SPS 361.50(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 361.50(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 361.50(5)(a)1.1. Except as provided in subd. 2., ungraded or used building products may be used or reused as long as the materials possess the essential properties necessary to achieve the level of performance required by chs. SPS 361 to 366 for the intended use. SPS 361.50(5)(a)2.2. Ungraded or used products may not be utilized, if specifically prohibited under a specific referenced standard. SPS 361.50(5)(b)(b) The department or the municipality enforcing chs. SPS 361 to 366 may require tests in accordance with sub. (1) or (2). Approval for use of ungraded or used materials may be issued under this section or may be issued for a specific project under s. SPS 361.31. SPS 361.50 HistoryHistory: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 04-016: renum. from Comm 61.60 and am. (3) (d) 4. Register December 2004 No. 588, eff. 1-1-05; correction in (3) (d) 1., 4., (4) (h), (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 16-094: am. (1) (a), (b) 1., (2) (a), (b) 1., (3) (a), (g), (4) (b) 2., (c), (f), (5) (a) 1., (b), Register April 2018 No. 748 eff. 5-1-18. SPS 361.51SPS 361.51 Alternate standards and model building codes. SPS 361.51(1)(1) Alternate standards or model building codes that are equivalent to or more stringent than the standards or model building codes referenced in chs. SPS 361 to 366 may be used in lieu of the referenced standards or model building codes when approved by the department or if written approval is issued by the department in accordance with sub. (2), or as allowed for alternate model building codes under sub. (8). SPS 361.51(2)(a)(a) Except as provided in sub. (8), the department may issue an approval for the use of the alternate standard or model building code upon written request and receipt of a fee in accordance with s. SPS 302.31. SPS 361.51(2)(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 361.51(3)(3) Determination of approval shall be based on an analysis of the alternate standard and the standard or model building code referenced in chs. SPS 361 to 366, prepared by a qualified independent third party or the organization that published the standard or model building code contained in chs. SPS 361 to 366. SPS 361.51(4)(4) 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 chs. SPS 361 to 366. SPS 361.51(5)(5) If the department determines that the alternate standard is not equivalent to or more stringent than the referenced standard, the request for approval shall be denied in writing. SPS 361.51(6)(6) The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based. SPS 361.51(7)(7) The department may reexamine an approved alternate standard and issue a revised approval at any time. SPS 361.51(8)(a)(a) An owner or a design professional may use a more recent edition of a model building code adopted in s. SPS 361.05 in lieu of the referenced model building code if all of the following apply: SPS 361.51(8)(a)2.2. The model building code is used in its entirety, including any standards referenced in the more recent edition. SPS 361.51(8)(b)(b) A plan that includes the use of an alternate model building code submitted for plan review under this subsection is exempt from fee and approval requirements under subs. (2) to (7) and petition for variance requirements under s. SPS 361.22. SPS 361.51(8)(c)(c) Nothing in this subsection shall be interpreted to allow a municipality, county, or the department to require or otherwise compel an owner or design professional to use a more recent edition of a model building code than the edition adopted under s. SPS 361.05, nor shall this subsection be interpreted to authorize a municipality or county to adopt a more recent edition of a model building code than the model building code adopted under s. SPS 361.05. SPS 361.51 NoteNote: Nothing in this subsection is intended to prohibit a municipality from contracting with a third-party inspection agency to perform plan review for plans submitted using alternate model building codes.
SPS 361.51 HistoryHistory: CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; reprinted to correct omission of (5) Register November 2002 No. 563; CR 04-016: renum. from Comm 61.61 Register December 2004 No. 588, eff. 1-1-05; CR 16-094: am. (title), (1), (2) (a), (3), (4), cr. (8) Register April 2018 No. 748 eff. 5-1-18. SPS 361.60SPS 361.60 Certified municipalities and counties. SPS 361.60(1)(1) General. This section establishes the manner under which cities, villages, towns and counties may examine building plans and inspect buildings under s. 101.12 (3) (a), (am), (b) and (g), Stats. SPS 361.60(2)(a)(a) Before assuming the responsibilities of examining building plans and providing inspection services, cities, villages, towns and counties shall comply with all of the following: SPS 361.60(2)(a)1.1. Notify the department, in writing, at least 30 days prior to the date upon which the municipality or county intends to assume the plan examination and building inspection responsibilities. SPS 361.60(2)(a)2.2. Employ certified commercial building inspectors to perform the plan examination and building inspection functions. SPS 361.60(2)(a)4.4. Forward to the department a copy of the ordinance adopting chs. SPS 361 to 366 and any subsequent revisions to that ordinance. SPS 361.60(2)(a)5.5. Forward to the department any information requested by the department relative to the qualifications and ability to perform examination of plans and inspection of buildings. SPS 361.60(2)(a)6.6. Receive from the department certification to perform plan examination and building inspection. SPS 361.60(2)(b)(b) While certified, a municipality or county shall comply with all of the following: SPS 361.60(2)(b)1.1. Employ certified commercial building inspectors to perform the plan examination and building inspection functions. SPS 361.60(2)(b)2.2. Forward to the department any information requested by the department relative to examination of plans and inspection of buildings. SPS 361.60(2)(b)4.4. Notify the department, in writing, at least 30 days prior to the date upon which the municipality or county intends to relinquish the plan examination and building inspection responsibilities. SPS 361.60(2)(c)2.2. Provide a report at least quarterly to the department of all projects completed under this subsection, in an electronic-based format prescribed by the department. SPS 361.60(2)(d)1.1. To assume the building inspection responsibility but not the plan examination responsibility for the buildings and structures specified in sub. (5) (c), a municipality or county shall comply with pars. (a) 1. to 6. and (b) 3. and 4., except the plan examination requirements do not apply, and the department may delegate the inspection authority in a written manner other than a certification. SPS 361.60(2)(d)2.2. To assume the building inspection responsibility but not the plan examination responsibility for the buildings and structures that exceed the limits specified in sub. (5) (c), a municipality or county shall comply with subd.1. and all of the following: SPS 361.60(2)(d)2.b.b. Use an inspection process that is based on the inspection process used by the department. SPS 361.60(2)(d)2.d.d. Forward to the department any information requested by the department relative to the inspection of buildings. SPS 361.60(2)(d)3.3. A municipality or county may waive its jurisdiction for the inspection of a specific project, in which case the department shall conduct the inspection. SPS 361.60(2)(e)(e) The department shall review and make a determination on a notification received under par. (a) 1. within 20 business days of that receipt. SPS 361.60(2)(f)(f) The department may revoke the certification or delegation of authority for any municipality or county where the plan examiners or inspectors do not meet the standards specified by the department or where other requirements of this section are not met. SPS 361.60 NoteNote: For any certified municipality or county, the department may review the competency of plan examiners on a regular basis, and review the correspondence and inspection reports, to determine if uniformity in code application decisions is being maintained, and to determine if the standards specified by the department are being met. Regular meetings and correspondence may be maintained between a certified municipality or county and the department in order to discuss and resolve any problems.
SPS 361.60(3)(a)1.1. Nothing in this section shall prevent the department from conducting its own investigations or inspections or issuing orders relative to the administration and enforcement of chs. SPS 361 to 366. SPS 361.60(3)(a)2.2. The department shall administer and enforce chs. SPS 361 to 366 in any municipality or county that has not assumed the responsibilities for plan examination and building inspection under sub. (2). SPS 361.60(3)(b)1.1. Ordinances enacted by a county under sub. (2) establishing county plan examination and building inspection functions shall apply to all municipalities within that county which have not assumed those functions pursuant to sub. (2). SPS 361.60(3)(b)2.2. Ordinances enacted by a county under sub. (2) establishing county plan examination and building inspection functions may not prevent or prohibit any municipality within that county from assuming those functions pursuant to sub. (2) at any time.
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