Section SPS 361.40 - Supervision(1) GENERAL. (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.(b)1. A project does not require supervision by a Wisconsin registered architect or engineer, if the project qualifies under one of the following conditions: a. The building contains less than 50,000 cubic feet total volume.b. An addition to an existing building does not cause the entire building to contain or exceed a volume of 50,000 cubic feet.2. For the purposes of this paragraph, the utilization of fire walls to divide up a building does not create separate buildings.(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.(3) NAME OF SUPERVISING ARCHITECT, ENGINEER OR DESIGNER.(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.(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.(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.Wis. Admin. Code Department of Safety and Professional Services § SPS 361.40
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.Amended by, CR 16-094: am. (1) (a), renum. (3) to (3) (a), cr. (3) (b), Register April 2018 No. 748, eff. 5/1/2018The 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.