Wis. Admin. Code SPS § SPS 361.47

Current through May 28, 2024
Section SPS 361.47 - Approval procedures
(1) APPLICATION FOR APPROVAL.
(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).

Note: An application form is available from the department's Division of Industry Services website at dsps.wi.gov.

(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.
(2) APPROVAL OF PLANS AND SPECIFICATIONS FOR MODULAR MULTIFAMILY BUILDING SYSTEMS AND BUILDING SYSTEM COMPONENTS.
(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.

Note: Plumbing plans submission criteria can be found in ch. SPS 384.

(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.
(3) NOTIFICATION OF APPROVAL OR DENIAL OF PLANS AND SPECIFICATIONS.
(a)Conditional approval.
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.
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.
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.
(b)Denial.
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.
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.
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.
(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.
(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

Note: Plumbing installation inspection criteria can be found in ch. SPS 382.

(6) WISCONSIN INSIGNIA.
(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.
(b)Lost or damaged insignia.
1. `Notification.' If a Wisconsin insignia becomes lost or damaged, the manufacturer or dealer shall immediately notify the department in writing.
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.
(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.
(d)Insignia records.
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.
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.

Note: A construction compliance certificate form is available from the departments Division of Industry Services website at dsps.wi.gov.

(e)Unit identification. Each modular multifamily dwelling unit and major transportable section or component shall be assigned a serial number.
(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.

Wis. Admin. Code Department of Safety and Professional Services § SPS 361.47

Adopted by, CR 16-094: cr., Register April 2018 No. 748, eff. 5/1/2018