SPS 361.51
SPS 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 Note
Note: 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 History
History: 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 361.60
SPS 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 Note
Note: 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.
SPS 361.60(4)
(4)
Certification of inspectors. Inspectors employed by certified municipalities and counties to administer and enforce chs.
SPS 361 to
366 under sub.
(2) shall be certified by the department in accordance with ch.
SPS 305 as certified commercial building inspectors.
SPS 361.60(5)(a)(a)
First class cities. Drawings, specifications and calculations for all the types of buildings and structures specified in s.
SPS 361.30, except state-owned buildings and structures, to be constructed within the limits of a first class city shall be submitted to that city, if that city has assumed the responsibilities of plan examination and building inspection in accordance with sub.
(2).
SPS 361.60(5)(b)
(b) Second class cities performing expanded plan examination. Drawings, specifications and calculations for all the types of buildings and structures specified in s.
SPS 361.30, except state-owned buildings and structures, to be constructed within the limits of a second class city shall be submitted to either the department or to that city, if that city has assumed the responsibilities of examining those plans and inspecting those buildings and structures in accordance with sub.
(2) (c). Second class cities performing these examinations are not subject to the plan examination limits specified in par.
(c).
SPS 361.60(5)(c)
(c) Other municipalities and counties. Drawings, specifications and calculations for all the types of buildings and structures specified in s.
SPS 361.30, except state-owned buildings and structures, to be constructed within the limits of a municipality or county that is not included in pars.
(a) and
(b) shall be submitted to either the department or to that municipality or county if the municipality or county has assumed the responsibilities of plan examination and building inspection in accordance with sub.
(2) and if the plans are for any of the following:
SPS 361.60(5)(c)1.
1. A new building or structure containing less than 50,000 cubic feet of total volume.
SPS 361.60(5)(c)2.a.a. An addition to a building or structure where the area of the addition results in the entire building or structure containing less than 50,000 cubic feet of total volume.
SPS 361.60(5)(c)2.b.
b. An addition containing no more than 2,500 square feet of total floor area and no more than one floor level, provided the largest roof span does not exceed 18 feet and the exterior wall height does not exceed 12 feet.
SPS 361.60(5)(c)3.
3. An alteration of a space in a building containing less than 100,000 cubic feet of total building volume.
SPS 361.60(5)(d)1.1. A certified municipality or county may waive its jurisdiction for the plan review of a specific project or types of projects, or components thereof, in which case plans and specifications shall be submitted to the department for review and approval.
SPS 361.60(5)(d)2.
2. The department may waive its jurisdiction for the plan review of a specific project, where agreed to by a certified municipality or county, in which case plans and specifications shall be submitted to the certified municipality or county for review and approval.
SPS 361.60(5)(e)1.a.a. A building permit application shall be included with the plan submitted to the municipality or county having jurisdiction for examination.
SPS 361.60(5)(e)1.b.
b. Plans for a building or structure that exceeds the limits specified in par.
(c) which are submitted either to a second class city under par.
(b) or to an appointed agent under s.
101.12 (3g), Stats., shall include the department's plan approval application form specified in s.
SPS 361.31, unless a municipally supplied form is submitted.
SPS 361.60(5)(e)2.
2. At least 2 sets of complete building plans and one copy of specifications shall be submitted to the municipality or county having jurisdiction for examination.
SPS 361.60(5)(e)3.b.
b. Plans that are submitted to a municipality under par.
(c) by use of the volumes specified in par.
(c) 1. to
3. shall include calculations showing the total volume.
SPS 361.60(5)(e)4.
4. After plans and specifications for a project have been submitted to a municipality or county under this section, or to a department office, any subsequent submittal for the purpose of complying with chs.
SPS 361 to
366 shall be submitted to that same office, except as provided in subds.
6. to
9. SPS 361.60(5)(e)5.
5. Except as provided in subds.
6. to
9., plans and specifications for all components of a project, including but not limited to trusses, precast concrete, laminated wood, or heating, ventilating and air conditioning, shall be submitted to the same office.
SPS 361.60(5)(e)6.
6. For an individual building in a multiple-building complex, the submitter may choose whether to submit plans and specifications to a municipality or county having jurisdiction for examination, or to any of the department's offices, even if a previous building in the complex had been reviewed by another office. A subsequent reviewing office may request of the other office complete copies of all pertinent data, including but not limited to petitions, application forms, preliminaries, staff notes and comments. The applicant may be charged a fee to offset the costs of providing these copies. If plans for some of the buildings are submitted to the department and some are submitted to the municipality or county, and then plans for the building components are submitted for all the buildings, the component submitter shall split the submission and submit the plans to the applicable offices.
SPS 361.60(5)(e)7.
7. For multiple-tenant or -owner buildings, including but not limited to shopping centers or office buildings, the plans and specifications for the initial tenant or owner in each space, and the alteration plans and specifications for changing a previously approved space may be submitted either to the municipality or county or to a department office, provided the requirements in s.
SPS 361.31 (2) (d) are met.
SPS 361.60(5)(e)8.
8. Decisions as to whether plans and specifications for building additions may be submitted to offices other than where the previous approvals occurred shall be handled between the municipality or county, department and submitter on a case-by-case basis. These submittals shall comply with s.
SPS 361.31 (2) (e).
SPS 361.60(5)(e)9.
9. Departmental review of plans and specifications under this subsection does not satisfy any need for municipal review of these plans and specifications for conformance with local requirements adopted under s.
SPS 361.03 (4) that are in addition to or more stringent than chs.
SPS 361 to
366, and
375 to
379.
SPS 361.60(5)(f)1.1. If the municipality or county having jurisdiction determines that the plans submitted substantially conform to chs.
SPS 361 to
366 and other ordinances and regulations, an approval shall be issued in accordance with all of the following:
SPS 361.60(5)(f)1.a.
a. The plans shall be stamped “CONDITIONALLY APPROVED," signed and dated by a certified commercial building inspector.
