Section SPS 361.51 - Alternate standards and model building codes(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).(2)(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.(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.(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.(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.(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.(6) The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based.(7) The department may reexamine an approved alternate standard and issue a revised approval at any time.(8)(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: 1. The title and edition of the alternate model building code is identified in plan documents as required under s. SPS 361.31(2) (e) 3.2. The model building code is used in its entirety, including any standards referenced in the more recent edition.(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.(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.Wis. Admin. Code Department of Safety and Professional Services § SPS 361.51
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.Amended by, CR 16-094: am. (title), (1), (2) (a), (3), (4), cr. (8) Register April 2018 No. 748, eff. 5/1/2018Nothing 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.