Section 302.52. Petitions for variance.

 

(1)   General. The department shall consider and may grant a variance from an administrative rule upon receipt of a fee, a completed petition for variance form from the owner, and a position statement from the fire department where applicable, provided an equivalency is established which meets the intent of the rule being petitioned.

(2)   Petitions for variance on rules under chs. SPS 320 to 325, uniform dwelling code, and ch. SPS 367, rental unit energy efficiency code. The fee for reviewing petitions for variance on rules under chs. SPS 320 to 325 and SPS 367 shall be $175.00 per petition.

(3)   Petitions for variance on rules under chs. SPS 361 to 366, commercial building code.

(a) Except as provided under sub. (4) , the fee for reviewing petitions for variance on rules under chs. SPS 361 to 366 shall be $550.00 per petition.

(b) Except as provided in par. (d) , a separate petition shall be submitted for each building, even if the buildings are similar. If, after review, it is determined that some or all of the petitions may be processed using a precedent, a portion of the variance fee may be refunded in accordance with sub. (10) (b) .

(c) Where identical petitions are submitted for identical buildings with a common owner on a single piece of property, the fee for the first building shall be $550.00 and the fee for each subsequent building shall be submitted in accordance with sub. (10) (b) for precedent petitions.

(d) Where an identical variance is sought for identical buildings with a common owner in a single municipality, and all of the buildings are listed on one submitted petition, the fee for the first building shall be $550.00, and the fee for each subsequent building shall be $50.

(4)   Petitions for variance on historic buildings. The fee for reviewing petitions for variance on rules for historic buildings shall be $300.00 per petition.

(5)   Petitions for variance on rules under chs. SPS 381 to 387, uniform plumbing code. The fee per petition for processing petitions for variance to rules under chs. SPS 381 to 387 shall be $300.00.

(6)   Petitions for variance under s. 101.055 (4), stats. The fee for reviewing petitions for temporary, experimental and permanent variances under s. 101.055 (4) , Stats., shall be $300.00 per petition.

(7)   Petitions for variance, other rules. Except as provided in ch. SPS 305 , the fee for reviewing petitions for variance on rules of the department, administered by the division of industry services and not specifically mentioned under this section, shall be $300.00 per petition.

(8)   Priority petitions.

(a) Upon request, the department will process petitions for variance on a priority basis. Except as specified in par. (b) , the fees for processing these petitions shall be double the amounts specified in subs. (2) , (3) , (5) to (7) and (9) .

(b) The fees for processing petitions for variance on rules for historic buildings, pursuant to s. 101.121 (3) (b) , Stats., shall be as specified in sub. (4) .

(9)   Revisions.

(a) Statements or conditions in a petition for variance may be revised within one year of the date of the written decision. The fee per petition for revisions to previously determined petitions for variance shall be as follows:

1. Petitions on rules under sub. (2)   $50.00

2. Petitions on rules under sub. (5)   $75.00

3. All other petitions   $100.00

(b) For revisions requested after one year from the date of the written decision, a new petition for variance shall be submitted.

(10)   Additional and reduced fees.

(a) For complex petitions for variance which require more than 8 hours to review and process, an additional fee may be charged at the rate of $80.00 per hour for each hour in excess of 8 hours. For precedent petitions for variance which require more than 3 hours to review and process, an additional fee may be charged at the rate of $80.00 per hour for each hour in excess of 3 hours.

(b) For petitions processed under sub. (3) or (4) , a refund may be returned. The minimum fee per petition charged by the department shall be based on the following schedule:

1. The minimum fee for a petition for variance that is returned without decision before assignment for staff review shall be 25% of the required fee.

2. The minimum fee for a petition for variance that is returned without decision after staff review shall be 25% of the required fee plus $80.00 per hour of review and processing time.

3. The minimum fee for a non-priority petition for variance based on precedence shall be 50% of the required fee.

4. The minimum fee for a priority petition for variance based on precedence shall be 75% of the required fee.

History: Cr. Register, June, 1992, No. 438 , eff. 7-1-92; emerg. cr. (6m), eff. 10-1-93; cr. (6m), Register, March, 1994, No. 459 , eff. 4-1-94; am. (3) (a), Register, March, 1995, No. 471 , eff. 4-1-95; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527 ; r. and recr. (5), Register, April, 2000, No. 532 , eff. 7-1-00; am. (3) (a), (c), (6), (7), (10) (a) and (b) 2., r. (6m), Register, July, 2000, No. 535 , eff. 9-1-00; am. (3) (b), cr. (3) (d), Register, September, 2000, No. 537 , eff. 10-1-00; CR 01-139 : am. (3) (a) Register June 2002 No. 558 , eff. 7-1-02; CR 05-038 : am. (3) (d), (5) and (7) Register October 2005 No. 598 , eff. 11-1-05; CR 06-120 : am. (3) (title) and (a), (4) and (8) (b), Register February 2008 No. 626 , eff. 3-1-08; CR 08-039 : am. (2), (3) (a), (c), (d), (5), (7), (10) (a), (b) 2. Register November 2008 No. 635 , eff. 12-1-08; CR 10-103 : am. (3) (title) and (a) Register August 2011 No. 668 , eff. 9-1-11; correction in (2), (3) (title), (a), (5), (7) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 ; correction in (7) made under s. 13.92 (4) (b) 6., Stats., Register October 2013 No. 694 .