Section SPS 320.06 - Procedure for municipalities(1) MUNICIPAL JURISDICTION. (a)General.1. Except as provided in ss. 101.65(1c) and 101.651(1) and (2m), Stats., cities, villages and towns shall exercise jurisdiction over the construction and inspection of new dwellings. Note: Section 101.65(1c), Stats., reads as follows:
101.65 Municipal authority. Except as provided by s. 101.651, cities, villages, towns and counties:
(1c) May not make or enforce an ordinance under sub. (1) that is applied to a dwelling and that does not conform to this subchapter and the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter. If any provision of a contract between a city, village, town, or county and an owner requires the owner to comply with an ordinance that does not conform to this subchapter or the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter, the owner may waive the provision, and the provision, if waived, is void and unenforceable.Note: Sections 101.651(1) and (2m), Stats., read as follows.
(1) DEFINITION. In this section, "municipality" means a city, village or town with a population of 2,500 or less. (2m) ENFORCEMENT OPTIONS. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under s. 101.65(1) (a) or shall exercise the jurisdiction granted under s. 101.65(1) (a) jointly under s. 101.65(1) (b), unless any of the following conditions are met: (a) The municipality adopts a resolution requesting under sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under s. 101.65(1) (a) throughout the municipality and that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65(1) (a). (c) Under sub. (3) (b), the department enforces this subchapter throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter.2. Municipalities intending to exercise jurisdiction shall, by ordinance, adopt this code in its entirety.3. No additional requirements within the scope of this code may be adopted by a municipality unless approved by the department in accordance with s. SPS 320.20.(b)Intent to exercise jurisdiction. Municipalities intending to exercise jurisdiction shall notify the department, in writing, at least 30 days prior to the date upon which the municipality intends to exercise jurisdiction under this code. The notification of intent shall include a statement by the municipality as to which of the following methods will be used for enforcement: 1. Individual municipal enforcement;2. Joint municipal enforcement;3. Contract with certified UDC inspector or inspectors or independent inspection agency;4. Contract with another municipality;(c)Submission of ordinances and resolutions.1. 'Ordinances.' a. Municipalities intending to exercise jurisdiction shall submit all ordinances adopting this code to the department at the same time as the notice of intent.b. The department shall review and make a determination regarding municipal intent to exercise jurisdiction over new dwellings within 15 business days of receipt of municipal ordinances adopting this code.c. A municipality may appeal a determination by the department in accordance with the procedure under s. SPS 320.21(2). 2. 'Resolutions.' Municipalities adopting a resolution under s. 101.651(2m) (a), Stats., for enforcement by the county, shall file a certified copy of the resolution with the department within 30 days of adoption.3. 'Recision of ordinances or resolutions.' Municipalities that rescind an ordinance or a resolution under subd. 1. or 2. shall file a certified copy of the recision with the department within 30 days of adoption. (d)Passage of ordinances. A certified copy of all adopted ordinances and subsequent amendments thereto shall be filed with the department within 30 days after adoption. Note: A copy of a model ordinance for adoption is available from the department.
(2) COUNTY JURISDICTION. A county ordinance shall apply in any city, village or town which has not enacted ordinances pursuant to this section. No county ordinance may apply until after 30 business days after the effective date of this code unless a municipality within the county informs the department of its intent to have this code administered and enforced by the county. This section shall not be construed to prevent or prohibit any municipality from enacting and administering this code at any time after the effective date of this code. The department shall review and make a determination regarding county jurisdiction over new buildings within 15 business days of receipt of the county ordinances adopting the uniform dwelling code.(3) DEPARTMENTAL JURISDICTION. In municipalities not adopting a resolution under s. 101.651(2m), Stats., and not adopting an ordinance to enforce the code under s. SPS 320.06, the department will oversee enforcement and inspection services for new dwellings, including manufactured buildings used as dwellings.(4) CONTINUING JURISDICTION FOR PERMIT ISSUERS. Any dwelling, for which a permit is issued by a municipality or registered UDC inspection agency prior to a municipal action under sub. (1) (c) 2. or 3. shall have all required inspections completed by the municipality or agency that issued the permit. Wis. Admin. Code Department of Safety and Professional Services SPS 320.06
Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (b) and (2), Register, February, 1985, No. 350, eff. 3-1-85; am. (1) (a) 3., Register, October, 1996, No. 490, eff. 11-1-96; CR 00-159: r. (1) (intro.), renum. (1) (a) to (c) to be (1) (b) to (d), cr. (1) (a), r. and recr. (1) (c) and (3), Register September 2001 No. 549 eff. 12-1-01; correction in (1) (c) 2. made under s. 13.93(2m) (b) 7, Stats.; CR 03-097: r. (1) (b) 5., am. (1) (c) 2., cr. (4) Register November 2004 No. 587, eff. 1-1-05; correction in (1) (a) 3., (c) 1. c., (3) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.Amended by, CR 21-047: am. (1) (a) 1. Register May 2022 No. 797, eff. 6/1/2022