SPS 361.46SPS 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. SPS 361.46(2)(b)(b) A flow chart, plant layout, or other schematic plan or document illustrating and describing the process for manufacturing modular multifamily dwellings, including locations and check points where mandatory inspections will occur. SPS 361.46(2)(c)(c) Procedures for protecting materials, supplies, and other items used in the production process from damage and deterioration. SPS 361.46(2)(d)(d) Procedures for segregating and disposing of rejected materials and products, including a record documenting the authority to reject defective work without conflict from the production department. SPS 361.46(2)(e)(e) Procedures for calibrating, testing, and inspecting equipment used in the production process. SPS 361.46(2)(f)(f) Procedures for final inspection, identification, and labeling of finished modular multifamily housing, modular multifamily building systems, and the building system components, including a system for issuing and maintaining records of serial numbers on units and components. SPS 361.46(2)(g)(g) Procedures for handling, storing, and protecting all finished modular multifamily housing, modular multifamily building systems, and the building system components at the manufacturing plant or other storage facility. SPS 361.46(2)(h)(h) Procedures and methods for storing and maintaining access to manufacturing records. SPS 361.46(2)(i)(i) An audit, monitoring, or similar evaluation system to assess the effectiveness of the compliance assurance program and the manufacturing process. SPS 361.46(3)(3) Installation. The manufacturer shall obtain building plan review and approval, in accordance with this subchapter, for a modular multifamily dwelling before any on-site construction within the scope of chs. SPS 361 to 366 is commenced. SPS 361.46 HistoryHistory: CR 16-094: cr., Register April 2018 No. 748 eff. 5-1-18. SPS 361.47(1)(a)(a) An application for approval of any modular multifamily housing, modular multifamily building system, and the building system components shall be submitted to the department on a form required by the department, along with the appropriate fees in accordance with s. SPS 302.34 (5). SPS 361.47 NoteNote: An application form is available from the department’s Division of Industry Services website at dsps.wi.gov.
SPS 361.47(1)(b)(b) The department shall review and make a determination on an application for approval of a modular multifamily housing, modular multifamily building system, and the components of the building system within 30 days. SPS 361.47(2)(2) Approval of plans and specifications for modular multifamily building systems and building system components. SPS 361.47(2)(a)(a) Approval of building systems. Four complete sets of building, structural, and HVAC plans, including elevations, sections, and details, and one set of specifications and calculations shall be submitted to the department on behalf of the manufacturer for examination and approval. SPS 361.47 NoteNote: Plumbing plans submission criteria can be found in ch. SPS 384. SPS 361.47(2)(b)(b) Approval of building components. Four complete sets of plans and specifications for manufactured building components shall be submitted to the department on behalf of the manufacturer for examination and approval. SPS 361.47(3)(3) Notification of approval or denial of plans and specifications. SPS 361.47(3)(a)1.1. ‘Department review.’ If the department determines that the plans, specifications, and application for approval submitted for a modular multifamily building system or a building system component substantially conform to the provisions of chs. SPS 361 to 366, the department shall issue a conditional approval. A conditional approval issued by the department may not constitute an assumption of any liability for the design or construction of the manufactured building. SPS 361.47(3)(a)2.2. ‘Written notice.’ A conditional approval under subd. 1. shall be in writing and sent to the manufacturer and the person submitting the application for approval. Any noncompliance specified in the conditional approval shall be corrected before the manufacture, sale, or installation of the dwelling, building system, or component. SPS 361.47(3)(a)3.3. ‘Stamping of plans, specifications, and compliance assurance program.’ Plans, specifications, and compliance assurance programs that are conditionally approved under subd. 1. shall be stamped “conditionally approved.” At least 3 copies shall be returned to the person designated on the application for approval and one copy shall be retained by the department. SPS 361.47(3)(b)1.1. ‘Department review.’ If the department determines that the plans, specifications, or the application for approval do not substantially conform to the provisions of this subchapter and chs. SPS 361 to 366, the application for approval shall be denied. SPS 361.47(3)(b)2.2. ‘Written notice.’ A denial under subd. 1. shall be in writing and sent to the manufacturer and the person submitting the application for approval. The notice shall state the reasons for denial. SPS 361.47(3)(b)3.3. ‘Stamping of plans, specifications, and compliance assurance program.’ Plans, specifications, and compliance assurance programs for which approval is denied under subd. 1. shall be stamped “not approved.” At least 3 copies shall be returned to the person submitting the application for approval and one copy shall be retained by the department. SPS 361.47(4)(4) Evidence of approval. At each manufacturing plant where a modular multifamily building system or building system component is manufactured, the manufacturer shall keep one set of plans and specifications bearing the stamp of conditional approval. The conditionally approved plans and specifications shall be available for inspection by an authorized representative of the department during normal working hours. SPS 361.47(5)(5) Inspections. Manufacturers shall contract with an independent inspection agency to conduct in-plant inspections to assure that the manufactured modular multifamily building system and the building system components are in compliance with the plans and specifications approved by the department and that the manufacturer has established a compliance assurance program, as required under s. SPS 361.46 (2). All inspections, for the purpose of administering and enforcing chs. SPS 361 to 366, shall be performed by a Wisconsin certified commercial building inspector SPS 361.47 NoteNote: Plumbing installation inspection criteria can be found in ch. SPS 382. SPS 361.47(6)(a)(a) Insignia process. Upon departmental approval of the plans and satisfactory in-plant inspections of the modular multifamily building system and the building system components, a Wisconsin insignia shall be purchased from the department in accordance with the fee established in s. SPS 302.34 (6). A manufacturer shall display a Wisconsin insignia on any approved modular multifamily building system or building system component. SPS 361.47(6)(b)1.1. ‘Notification.’ If a Wisconsin insignia becomes lost or damaged, the manufacturer or dealer shall immediately notify the department in writing. SPS 361.47(6)(b)2.2. ‘Return of damaged insignias.’ If a Wisconsin insignia becomes damaged, the purchaser shall return the insignia to the department with the appropriate fee to obtain a new insignia. SPS 361.47(6)(c)(c) Affixing Wisconsin insignias. Each Wisconsin insignia shall be assigned and affixed to a specific manufactured modular multifamily dwelling unit or building system component that is specified by the department before the dwelling is shipped from the manufacturing plant. SPS 361.47(6)(d)1.1. ‘Manufacturer’s insignia records.’ The manufacturer shall keep permanent records regarding the handling of all Wisconsin insignias, including construction compliance certificates, indicating the number of Wisconsin insignias that have been affixed to a modular multifamily building, building system component, or groups of building components; which Wisconsin insignias have been applied to which manufactured modular multifamily dwelling or manufactured building system component; the disposition of any damaged or rejected Wisconsin insignias; and the location and custody of all unused Wisconsin insignias. The manufacturer or the independent inspection agency shall maintain the records for at least 10 years. The manufacturer shall send a copy of the records to the department upon request. SPS 361.47(6)(d)2.2. ‘Construction compliance certificate.’ Within 30 days after receiving the original Wisconsin insignias from the department, and at the end of each month thereafter, the manufacturer shall submit a construction compliance certificate, on a form designated by the department, for each manufactured dwelling intended for sale, use, or installation in the state. SPS 361.47 NoteNote: A construction compliance certificate form is available from the department’s Division of Industry Services website at dsps.wi.gov.
SPS 361.47(6)(e)(e) Unit identification. Each modular multifamily dwelling unit and major transportable section or component shall be assigned a serial number. SPS 361.47(6)(f)(f) Right to Install. Modular multifamily housing, modular multifamily building systems, and building system components that bear the Wisconsin insignia may be manufactured, offered for sale, and installed anywhere in Wisconsin where the installation site complies with the other provisions of chs. SPS 361 to 366. SPS 361.47 HistoryHistory: CR 16-094: cr., Register April 2018 No. 748 eff. 5-1-18. SPS 361.48SPS 361.48 Suspension and revocation of approval. The department shall suspend or revoke its approval of a modular multifamily building system or building system component if it determines that the standards for construction or the manufacture and installation of a modular multifamily building system or modular multifamily building system component do not meet the standards established under chs. SPS 361 to 366 or that those standards are not being enforced as required by chs. SPS 361 to 366. The procedure for suspension and revocation of approval shall be as follows: SPS 361.48(1)(1) Filing of complaint. Proceedings to suspend or revoke an approval may be initiated by the department or an independent inspection agency or Wisconsin commercial building certified inspector having a contract with the manufacturer whose approval is sought to be suspended or revoked. Initiation shall be by a signed, written complaint filed with the department. Any alleged violation of the code shall be set forth in the complaint with particular reference to the time, place, and circumstance of the alleged violation. SPS 361.48(2)(2) Investigation and notification. The department may investigate alleged violations on its own initiative or upon the filing of a complaint. If the department determines that no further action is warranted, it shall notify the complainant and the respondent, and the municipality, if applicable. If the department determines that there is probable cause, it shall order a hearing and notify the complainant and the respondent, and the municipality, if applicable. SPS 361.48(3)(3) Mailing. Unless otherwise provided by law, all orders, notices, and other papers shall be served by the department by certified mail to the persons affected at their last known address. If the service is refused, service may be made by sheriff without amendment of the original order, notice, or other paper. SPS 361.48(4)(4) Response. Upon receipt of notification of hearing from the department, the person charged with noncompliance or nonenforcement may submit to the department a written response within 30 days of the date of service. If the person charged files a timely written response, such person shall thereafter be referred to as the respondent. SPS 361.48(5)(5) Conciliation agreement prior to hearing. If the department and the respondent are able to reach agreement on the disposition of a complaint prior to a hearing, such agreement shall be transmitted in writing to the secretary. Until the agreement has been accepted by the secretary, it is not considered a waiver of any defense, nor is it considered an admission of any fact, and is not binding upon any party until signed by all parties. SPS 361.48(6)(a)(a) Subpoenas; witness fees. The department or the clerk of any court of record shall sign and issue subpoenas. The respondent shall pay the witness fees and mileage of the witnesses subpoenaed on behalf of the department at the rate prescribed for witnesses in circuit court. SPS 361.48(7)(7) Findings. The department shall make findings and enter its order in accordance with s. 101.02, Stats. The findings and order shall be in writing and shall be binding unless appealed. SPS 361.48(8)(8) Appeal arguments. Appeal arguments shall be submitted to the department in writing in accordance with s. 101.02, Stats., unless otherwise ordered. The department shall review and make a determination on an appeal of notification of suspension or revocation of approval in accordance with s. 101.02, Stats. SPS 361.48 HistoryHistory: CR 16-094: cr., Register April 2018 No. 748 eff. 5-1-18. SPS 361.485SPS 361.485 Effect of suspension and revocation. SPS 361.485(1)(1) Bearing of insignia. Upon suspension or revocation by the department of the approval of any manufactured modular multifamily dwelling or manufactured building component, the manufacturer may not attach a Wisconsin insignia to any modular multifamily dwelling or building component manufactured for which the approval was suspended or revoked. Upon the expiration date of the suspension or revocation, the manufacturer may resume the attachment of insignias to the dwelling or building component manufactured after the date approval is reinstated. If any dwelling or building component was manufactured during the period of suspension or revocation, the manufacturer may not attach the Wisconsin insignia unless the department has inspected, or caused to be inspected, the manufactured modular multifamily dwelling or manufactured building component and is satisfied that all requirements for certification have been met. SPS 361.485(2)(2) Return of insignias. The manufacturer shall return to the department all insignias allocated for a manufactured modular multifamily dwelling 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 that it determines are no longer needed. SPS 361.485 HistoryHistory: CR 16-094: cr., Register April 2018 No. 748 eff. 5-1-18. SPS 361.50(1)(a)(a) Materials, equipment, and products regulated under chs. SPS 361 to 366 may receive a written approval from the department indicating code compliance. SPS 361.50(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 chs. SPS 361 to 366. SPS 361.50(1)(b)2.2. Tests, compilation of data, and calculations shall be conducted by a qualified independent third party. SPS 361.50(2)(a)(a) Materials, equipment, and products that meet the intent of chs. SPS 361 to 366 and which are not approved under sub. (1) shall be permitted if approved in writing by the department. SPS 361.50(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 chs. SPS 361 to 366. SPS 361.50(2)(b)2.2. Tests, compilation of data, and calculations shall be conducted by a qualified independent third party. SPS 361.50(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 chs. SPS 361 to 366. SPS 361.50(3)(b)(b) The department may require the submission of any information deemed necessary for review. SPS 361.50(3)(c)(c) The department may limit the number of applications it will accept for approval of experimental materials, equipment or products. SPS 361.50(3)(d)(d) Installations of a material, equipment or product under an experimental approval shall comply with all of the following: SPS 361.50(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 in accordance with s. SPS 361.31. SPS 361.50(3)(d)2.2. A copy of the experimental approval shall be attached to the submitted plans and approved plans. SPS 361.50(3)(d)3.a.a. A letter of consent from the owner of the project shall be attached to the submitted plans and approved plans. 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.
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