Section 320.09. Procedure for obtaining uniform building permit.

 

(1)   Application. Application for a Wisconsin uniform building permit shall be on forms obtained from the department, the municipality or the authorized UDC inspection agency administering and enforcing this code. No application shall be accepted that does not contain all the information requested on the form.

(2)   Filing of permit applications.

(a) Construction or installation of a dwelling.

1. A Wisconsin uniform building permit application for the construction or installation of a dwelling shall be filed with the municipality or the authorized UDC inspection agency administering and enforcing this code.

2. The municipality or authorized UDC inspection agency shall forward a copy of all applications for new dwellings to the department within 30 business days after permit issuance.

(b) Additions, alterations and repairs.

1. When required by local ordinance, permit applications for additions, alterations and repairs shall be filed with municipalities and counties in accordance with their adopted ordinances.

2. Pursuant to s. 101.65 (1m) , Stats., a building permit required under subd. 1. may not be issued unless the conditions of sub. (5) (c) are satisfied, except as provided under s. 101.654 (1) (b) , Stats.

3. Building permits for additions, alterations and repairs are not required in municipalities where the department has jurisdiction under s. 101.651 (3) (b) , Stats.

(c) General requirements.

1. The permit application shall be reviewed by a certified UDC inspector.

2. A permit may be issued only after approval of the requirements under this section by a certified UDC inspector.

3. Dwellings for which a permit has been issued shall be inspected in accordance with s. SPS 320.10 .

(3)   Fees.

(a) Municipal fees.

1. The municipality shall, by ordinance, determine fees to cover expenses of plan examination, inspection and the issuance of the Wisconsin uniform building permit.

2. The municipality shall purchase a Wisconsin uniform building permit seal from the department for each new dwelling in accordance with s. SPS 302.34 .

(b) Inspection agency fees.

1. UDC inspection agency fees shall be determined by contract between the municipality and the agency or between the department and the agency, where the agency has been authorized to conduct inspections on behalf of the department.

2. A UDC inspection agency shall purchase a Wisconsin uniform building permit seal from the department in accordance with s. SPS 302.34 .

(4)   Plan submittals. At least 2 sets of plans for all one- and 2-family dwellings shall be submitted to the municipality or authorized UDC inspection agency administering and enforcing this code, for examination and approval at the time the Wisconsin uniform building permit application is filed.

(5)   Required plans. The required building plans shall be legible and drawn to scale or dimensioned and shall include all of the following:

(a) Site plan. The site plan shall show all of the following:

1. The location of the dwelling and any other buildings, wells, surface waters and dispersal systems on the site with respect to property lines and surface waters adjacent to the site.

2. The areas of land-disturbing construction activity and the location of all erosion and sediment control measures to be employed in order to comply with s. SPS 321.125 .

3. The pre-construction ground surface slope and direction of runoff flow within the proposed areas of land disturbance.

(b) Floor plan.

1. Floor plans shall be provided for each floor.

2. The following features shall be included on all floor plans:

a. The size and location of all rooms, doors, windows, structural features, exit passageways and stairs.

b. The use of each room.

c. The location of plumbing fixtures, chimneys, heating and cooling appliances, and a heating distribution layout.

d. The location and construction details of wall bracing on each building side and floor level. The details may consist of the Wall Bracing Compliance Worksheet or a legend showing which wall bracing method is used and the lengths or number of braced wall panels and demarcation of the circumscribed rectangles if more than one is used.

(c) Elevations. The elevations shall show all of the following:

1. The exterior appearance of the building, including the type of exterior materials.

2. The location, size and configuration of doors, windows, roof, chimneys, exterior grade, footings and foundation walls.

(6)   Required data.

(a) All plans submitted for approval shall be accompanied by sufficient data, calculations and information to determine if the dwelling will meet the requirements of this code.

(b) The data and information for determining compliance with the energy conservation standards shall be submitted in a format approved by the department.

(c) Except as required under s. SPS 321.33 , a municipality exercising jurisdiction may not require plans or calculations to be stamped or sealed by an architect or engineer.

(d) The name of the initial downstream receiving water of the state from the dwelling shall be identified, regarding erosion and sediment control.

(7)   Master plans.

(a) Where a dwelling is intended to be identically and repetitively constructed at different locations, a master plan may be submitted for approval.

(b) The plans shall include plans and data as required under subs. (5) and (6) .

(c) If the plans conform to the provisions of the code, an approval and a master plan number shall be issued.

(d) The number issued may be used in lieu of submitting building plans for each location.

(e) A plot plan shall be submitted for each location at the time of application for the Wisconsin uniform building permit.

(8)   Approval of plans.

(a) If the municipality or authorized UDC inspection agency administering and enforcing the code determines that the plans submitted for a one- or 2-family dwelling substantially conform to the provisions of this code and other legal requirements, an approval shall be issued.

(b) The plans shall be stamped "conditionally approved" by a certified inspector who holds the respective credential for the plans reviewed.

(c) One copy shall be returned to the applicant and one copy shall be retained by the municipality or authorized UDC inspection agency administering and enforcing this code.

(d) The conditions of approval shall be indicated by a letter or on the permit.

(e) All conditions of the approval shall be met during construction.

(9)   Issuance and posting of permits.

(a) Uniform building permit.

1. The Wisconsin uniform building permit shall be issued if the requirements for filing and fees are satisfied and the plans have been conditionally approved.

2. Pursuant to s. 101.65 (1m) , Stats., a Wisconsin uniform building permit may not be issued to a person unless the person complies with subds. 3. and 4. , except as provided under s. 101.654 (1) (b) and (c) 2. , Stats.

3. A person applying for a Wisconsin uniform building permit for work covered under ch. SPS 321 or 322 who is not the owner who resides or will reside in the dwelling shall hold one of the following credentials issued by the department:

a. A dwelling contractor certification.

b. A dwelling contractor — restricted certification.

c. A dwelling contractor financial responsibility certification.

d. A dwelling contractor financial responsibility — restricted certification.

4. A person applying for a Wisconsin uniform building permit for work covered under ch. SPS 321 or 322 who is not the owner who resides or will reside in the dwelling shall hold or engage, as an employee, a person who holds a certification issued by the department as a dwelling contractor qualifier.

5. The permit shall expire 24 months after issuance if the dwelling exterior has not been completed.

6. Pursuant to s. 101.63 (7) , Stats., the name and license number of the Wisconsin master plumber responsible for the installation of plumbing shall be entered on the permit by the issuing entity at the time of issuance.

(b) Permit to start construction of footings and foundation.

1. Construction may begin on footings and foundations prior to the issuance of the Wisconsin uniform building permit where a permit to start construction is obtained.

2. Upon submittal of the application for a permit to start construction, a plot plan, complete footing and foundation information including exterior grading, and a fee, the municipality or authorized UDC inspection agency enforcing this code may issue a permit to start construction of the footings and foundation.

3. The issuance of a permit to start construction shall not influence the approval or denial of the Wisconsin uniform building permit application.

(c) Private onsite wastewater treatment systems. Pursuant to s. 145.195 , Stats., if the proposed construction requires connection to a private onsite wastewater treatment system, a Wisconsin uniform building permit may not be issued unless conformance with s. SPS 383.25 (2) has first been determined.

(d) Posting of permit.

1. The Wisconsin uniform building permit shall be posted in a conspicuous place at the dwelling site.

2. The Wisconsin uniform building permit seal shall be affixed to the posted permit or to the Wisconsin uniform building permit application. The permit seal number shall appear on both documents.

(10)   Disapproval of plans and denial of permits.

(a) General. Approval shall be denied if the municipality or authorized UDC inspection agency administering and enforcing this code determines that the Wisconsin uniform building permit application or the plans do not substantially conform to the provisions of this code and other legal requirements.

(b) Denial of application. A copy of the denied application, accompanied by a written statement specifying the reasons for denial, shall be sent to the applicant and to the owner as specified on the Wisconsin uniform building permit application.

(c) Stamping of plans.

1. Plans which do not substantially conform to the provisions of the code shall be stamped "not approved."

2. One copy shall be returned to the person applying for the Wisconsin uniform building permit and one copy shall be retained by the municipality or authorized UDC inspection agency administering and enforcing the code.

(d) Appeals. The applicant may appeal a denial of the application in accordance with the procedure outlined in s. SPS 320.21 .

(11)   Time-span for approval or denial. Action to approve or deny a uniform building permit application shall be completed within 10 business days of receipt of all forms, fees, plans and documents required to process the application, and completion of other local prerequisite permitting requirements.

History: Cr. Register, November, 1979, No. 287 , eff. 6-1-80; r. and recr. (7), Register, February, 1985, No. 350 , eff. 3-1-85; am. (4) (b) and (5) (b) 1., Register, January, 1989, No. 397 , eff. 2-1-89; am. (3) (a) and (4) (a) 2., Register, March, 1992, No. 435 , eff. 4-1-92; am. (4) (a) 1., (5) (a), (b) 2. and (6) (intro.), Register, September, 1992, No. 441 , eff. 12-1-92; renum. (2) to be (2) (a) and am., am. (3) and (7), cr. (2) (b), (3) (c), Register, November, 1995, No. 479 , eff. 12-1-95; r. and recr. (5) (b) 1., Register, October, 1996, No. 490 , eff. 11-1-96; am. (4) (a) 1. a. and (b), r. and recr. (4) (a) 1. b., r. (4) (a) 1. c. and d., Register, February, 1997, No. 494 , eff. 3-1-97; am. (5) (a), Register, March, 1998, No. 507 , eff. 4-1-98; cr. (5) (b) 1. c. and d., Register, January, 1999, No. 517 , eff. 2-1-99; cr. (5) (b) 3., Register, April, 2000, No. 532 , eff. 7-1-00; correction in (5) (b) 3. made under s. 13.93 (2m) (b) 7., Stats; correction in (5) (b) 3. made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543 ; CR 00-159 : am. (1), (2), (4) (intro.), (5) (a), (5) (b) 2. and (c), (6) (intro.) and (b), r. and recr. (3), (5) (b) 1. d., cr. (8), Register September 2001 No. 549 eff. 12-1-01; correction in (5) (b) 1. b. made under s. 13.93 (2m) (b) 7., Stats., Register May 2003 No. 569 ; CR 03-097 : am. (1), (2) (a), r. (2) (a) 2., (b), (3) (b), and (8), cr. (2) (b), renum. (3) (c) to be (3) (b) and am, Register November 2004 No. 587 , eff. 1-1-05; CR 05-113 : r. and recr. (4) (a) 1., renum. (4) (b) and (c) to be (4) (c) and (d) and am. (4) (c), cr. (4) (b) Register December 2006 No. 612 , eff. 4-1-07; CR 07-007 : r. and recr. (2) (b) and (5) Register August 2007 No. 620 , eff. 9-1-07, except (5) (c) 2. eff. 1-1-08; CR 08-043 : r. and recr. Register March 2009 No. 639 , eff. 4-1-09; correction in (2) (c) 3., (3) (a) 2., (b) 2., (5) (a) 2., (d) 2., (6) (c), (9) (a) 3., 4., (c), (10) (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 ; CR 14-015 : am. (5) (b) 2. d. Register August 2014 No. 704 , eff. 9-1-14; CR 15-041 : am. (5) (b) 2. d., r. (5) (d), am. (6) (d) Register December 2015 No. 720 , eff. 1-1-16.

Note

See ch. SPS 325 Appendix A for a copy of the Wisconsin uniform building permit and application. Microsoft Windows NT 6.1.7601 Service Pack 1 Any municipality exercising jurisdiction may require reasonable supplementary information not contained on the Wisconsin building permit application. Microsoft Windows NT 6.1.7601 Service Pack 1 The department requires copies of permits that are issued for new dwelling construction or installation, only. Permits issued for additions, alterations, garage construction, etc., should not be filed with the department. Microsoft Windows NT 6.1.7601 Service Pack 1 The Department of Safety and Professional Services requires copies of permits that are issued for new dwelling construction only. Any permits issued for additions, alterations, repairs, garage construction, etc. are not required to be filed with the department. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.654 (1) (b) , Stats., exempts an owner of a dwelling who resides or will reside in the dwelling and who applies for a building permit to perform work on the dwelling from obtaining a dwelling contractor financial responsibility registration. Under s. 101.65 (1r) , an owner who obtains a building permit needs to sign a statement advising the owner of the potential consequences of hiring a contractor to perform work under the permit who is not bonded or insured under s. 101.654 (2) (a) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.654 (1) (c) 2. , Stats., reads: "The continuing education requirements under par. (a) and the rules promulgated by the department under sub. (1m) do not apply to any person who holds a current license issued by the department at the time that the person obtains a building permit if the work the person does under the permit is work for which the person is licensed." Microsoft Windows NT 6.1.7601 Service Pack 1 See ch. SPS 325 Appendix A for a reprint of s. SPS 383.25 (2) . Microsoft Windows NT 6.1.7601 Service Pack 1