Section SPS 327.15 - Approval of products(1) VOLUNTARY APPROVAL. (a) Materials, equipment and products regulated by this code may receive a written approval from the department indicating code compliance.(b)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 this code.2. Tests, compilation of data, and calculations for materials, equipment and products shall be conducted by a qualified independent third party.(2) ALTERNATE APPROVAL. (a) Materials, equipment and products, including experimental materials, equipment, and products, which meet the intent of this code and which are not approved under sub. (1) shall be permitted if approved in writing by the department. (b)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 this code.2. Tests, compilation of data, and calculations for materials, equipment, and products shall be conducted by a qualified independent third party.(3) REVIEW, APPROVAL AND REVOCATION PROCESSES.(a)1. Upon receipt of a fee and a written request, the department may issue an approval for a material, equipment, or product.2. The department shall review and make a determination on an application for approval after receipt of all forms, fees, plans, and information required to complete the review.3. For voluntary and alternate approvals, a determination shall be made within 40 business days of receipt of all required materials.(b)1. The department may include specific conditions in issuing an approval, including an expiration date for the approval.2. Violations of the conditions under which an approval is issued shall constitute a violation of this code.(c) If the department determines that the material, equipment, or product does not comply with this code or the intent of this code, the request for approval shall be denied in writing.(d) If an approved material, equipment, or product is modified, the approval shall be considered null and void, unless the material, equipment, or product is resubmitted to the department for review and approval is granted.(e)1. The department may revoke or deny an approval of a material, equipment, or product for any false statements or misrepresentations of relevant facts or data, unacceptability of a third party providing information, or as a result of material, equipment, or product failure.2. The department may re-examine an approved material, equipment, or product and issue a revised approval at any time.(f) The department may revoke an approval if the department determines that the material, equipment, or product does not comply with this code or the intent of this code due to a change in the code or department interpretation of the code.(g) An approval issued by the department may not be construed as an assumption of any responsibility for defects in design, construction, or performance of the approved material, equipment, or product nor for any damages that may result.(h) Fees for the review of a material, equipment or product under this section and any onsite inspections shall be submitted in accordance with ch. SPS 302.(4) UNGRADED OR USED MATERIALS. (a) Ungraded or used building materials may be used or reused as long as the material possesses the essential properties necessary to achieve the level of performance required by the code for the intended use.(b) The department or the municipality enforcing this code may require tests in accordance with sub. (1) or (2). Wis. Admin. Code Department of Safety and Professional Services SPS 327.15
Adopted by, EmR1703: emerg. cr., eff. 2-6-17; CR 17-017: cr. Register March 2018 No. 747, eff. 4/1/2018