Section 361.51. Alternate standards.

 

(1)  Alternate standards that are equivalent to or more stringent than the standards referenced in this code may used in lieu of the referenced standards when approved by the department or if written approval is issued by the department in accordance with sub. (2) .

(2)  

(a) Upon receipt of a fee and a written request, the department may issue an approval for the use of the alternate standard.

(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 referenced in this code, prepared by a qualified independent third party or the organization that published the standard contained in this code.

(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 this code.

(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.

History: 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.