Section SPS 361.60 - Certified municipalities and counties(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.(2) CONDITIONS OF PARTICIPATION. (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: 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.2. Employ certified commercial building inspectors to perform the plan examination and building inspection functions.3. Adopt chs. SPS 361 to 366 in their entirety by ordinance.4. Forward to the department a copy of the ordinance adopting chs. SPS 361 to 366 and any subsequent revisions to that ordinance.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.6. Receive from the department certification to perform plan examination and building inspection.(b) While certified, a municipality or county shall comply with all of the following: 1. Employ certified commercial building inspectors to perform the plan examination and building inspection functions.2. Forward to the department any information requested by the department relative to examination of plans and inspection of buildings.3. Forward to the department any revisions to the ordinance adopting chs. SPS 361 to 366.4. 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.(c) Second class cities intending to perform the expanded plan examination and inspection specified in sub. (5) (b) shall comply with pars. (a) 1. to 6. and (b) 3. and 4., sub. (7) (b), and all of the following: 1. Employ at least one person who complies with all of the following:a. Is registered under ch. 443, Stats., as an architect or professional engineer.b. Is a certified commercial building inspector.c. Performs or directly supervises the plan examinations specified in sub. (5) (b).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.(d)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. 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:a. Obtain authorization for these inspections from the department.b. Use an inspection process that is based on the inspection process used by the department.c. Retain inspection records in a manner that is accessible to the department.d. Forward to the department any information requested by the department relative to the inspection of buildings.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.(e) The department shall review and make a determination on a notification received under par. (a) 1. within 20 business days of that receipt. (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. 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.
(3) JURISDICTION. (a)Departmental.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 366.2. 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).(b)County.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).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.(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.(5) PLAN EXAMINATION. (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).(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).(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: 1. A new building or structure containing less than 50,000 cubic feet of total volume.2.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.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.3. An alteration of a space in a building containing less than 100,000 cubic feet of total building volume. Note: CR 16-094 amended subd. 3 to conform to s. 101.12(3) (b), Stats. However, the statute was amended by 2017 Wis. Act 198. The Department will enforce s. 101.12(3) (b), Stats., and not the language contained in subd. 3.
(d)Project waiver.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.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.(e)Plan submission procedures.1.a. A building permit application shall be included with the plan submitted to the municipality or county having jurisdiction for examination.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.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.3.a. Building plans submitted to a municipality or county for examination shall include the information specified in subd. 3. b. and s. SPS 361.31.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.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 9.5. 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.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.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.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).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.(f)Plan approval.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: a. The plans shall be stamped "CONDITIONALLY APPROVED," signed and dated by a certified commercial building inspector.b. One set of the conditionally approved plans, and all calculations and correspondence shall be retained in their original form or as readable microfilm- or electronic-based copies for at least 4 years by the municipality or county, and all other approved plans shall be returned to the submitter or their representative.c. A notice of conditional approval shall be provided, in writing, to the submitter and the building owner stating all conditions of approval. A copy of the notice shall be provided to the department of health services for health care facilities, and to the department of corrections for jails and places of detention.2. All non-code-complying and other conditions stated in the conditional approval notice shall be corrected or met before or during construction, and before occupancy of the building.(g)Denial of plan approval. If the municipality or county determines that the plans submitted do not substantially conform to chs. SPS 361 to 366 or other legal ordinances and regulations, a denial for plan approval shall be issued in accordance with all of the following:1. The plans shall be stamped "NOT APPROVED," signed and dated by a certified commercial building inspector.2. One set of the not-approved plans shall be retained by the municipality or county and all other plans shall be returned to the submitter or their representative.3. A notice of the not-approved plans shall be provided in writing, to the submitter and the building owner stating the reasons for the denial.(h)Liability. A conditional approval of a plan by a municipality or county may not be construed as an assumption of any responsibility on the part of the municipality, the certified commercial building inspector or the department for the design or construction of the building.(6) INSPECTION. Inspections shall be conducted by a municipality or county to ascertain whether or not the construction or installation of buildings and structures conforms to the conditionally approved plans, the notice of conditional approval, and chs. SPS 361 to 366 in accordance with all of following: (a) All inspections for the purpose of administration and enforcement of chs. SPS 361 to 366 shall be performed by a certified commercial building inspector.(b) A written report of each inspection shall be prepared. The report shall include the name of the certified commercial building inspector.(c) A copy of each inspection report shall be furnished to the owner and plan submitter.(d) A copy of each inspection report shall be permanently maintained in the municipal files or county files.(e) The inspection report shall indicate all items of non-compliance noted during the inspection.(f) If non-complying items are not corrected, orders to correct shall be issued in accordance with local ordinances. Note: Certified municipalities are authorized to perform the inspections specified in s. SPS 361.41.
(7) FEES. (a) Municipalities and counties having jurisdiction of plan examination and building inspection may set by ordinance the fees for plan examination and building inspection services.(b) A second class city that is certified to perform the expanded plan examination specified in sub. (5) (b) shall submit to the department the fees specified in s. SPS 302.31(1) (g).Wis. Admin. Code Department of Safety and Professional Services SPS 361.60
CR 00-179: cr. Register December 2001 No. 552, eff. 7-1-02; CR 04-016: renum. from Comm 61.70 and am. (5) (e) 1. b. Register December 2004 No. 588, eff. 1-1-05; CR 06-120: r. (2) (a) 2. to 4., renum. (2) (a) 5. to 7. to be 2. to 4., Register February 2008 No. 626, eff. 3-1-08; corrections in (2) (c) (intro.) and (d) 1. made under s. 13.92(4) (b) 7, Stats., Register February 2008 No. 626; correction in (5) (f) 1. c. made under s. 13.92(4) (b) 6, Stats., Register September 2009 No. 645; CR 09-104: renum. (2) (a) 3., 4., (b) 3. to be (2) (a) 5., 6., (b) 4. and am., cr. (2) (a) 3., 4., (b) 3., (e), am. (2) (c) (intro.), (d) 1., renum. (2) (e) to be (2) (f) Register December 2010 No. 660, eff. 1-1-11; correction in (4), (5) (a), (b), (c) (intro.), (e) 1. b., 3. a., 7., 8., 9., (7) (b) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.Amended by, correction in (5) (e) 1. b. made under s. 13.92(4) (b)., Stats., Register August 2017 No. 740, eff. 9/1/2017Amended by, correction in (5) (e) 1. b. made under s. 13.92(4) (b) 7, Stats., Register August 2017 No. 740; CR 16-094: am. (2) (a) 3., 4., (2) (b) 3., (c) 2., (3) (a), (4), (5) (c) 3., (e) 4., (f) 1. (intro.), (g) (intro.), (6) (intro.), (a), Register April 2018 No. 748 eff. 5-1-18; 2017 Wis. Act 198: am. (5) (e) 1. b. Register April 2018 No. 748, eff. 5/1/2018A list of municipalities and counties providing plan examination and building inspection under this section is available at the Department's website at www.dsps.wi.gov through links to Division of Industry Services programs.