Associated Builders and Contractors: Emergency order intended to offer more flexibility for DSPS

Gov. Tony Evers today issued Emergency Order #22 to position the Wisconsin Department of Safety and Professional Services (DSPS) to continue providing its critical services by giving it flexibility to adapt to the new environments and circumstances due to the COVID-19 public health emergency. It covers a range of service areas and constituents, including construction services and other services facing new challenges as a result of the public health emergency.
The emergency rules changes that affect construction are listed below:
Wis. Admin. Code §§ SPS 318.1007(2), 361.31, 382.20(4), 383.22(2)

  • Description of Rules: Paper plan submission.
  • Status: Suspended as to form of submission. Electronic submission of plans in lieu of paper submission is required.
  • Companion Order: Any section mandating submission of multiple copies of paper plans for Fire Alarm, Fire Suppression, Commercial Buildings, Commercial Building Products, and Elevators, Petitions for Variances for Fire Alarm, Fire Suppression, Commercial Building, Commercial Building Products, and Elevators can be submitted to [email protected]. Submissions for Plumbing, Plumbing products, Swimming Pools, Electrical, Gas Systems, Cross Connections, Mines, Amusement Rides, and POWTS, Petitions for Variances for Plumbing, Plumbing Products, Swimming Pools, Electrical, Gas Systems, Mines, Amusement Rides, and POWTS can be submitted via the electronic safety and licensing app at https://esla.wi.gov/PortalCommunityLogin
  • Electronic Submission Tutorial: Directions for Commercial Building, FS/FA, Elevators and Gas Systems

Wis. Admin. Code § SPS 361.41(1)(a)

  • Description of Rule: Time requirements for on-site inspection of public buildings and places of employment.
  • Status: Suspended in part and ordered as follows: “When required, on-site inspections shall be conducted within 5 business days a reasonable amount of time following a request by the applicant or an authorized representative.”

Wis. Admin. Code § SPS 318.1011(2)(b)

  • Description of Rule: Time requirements for issuance of a permit for elevators, escalators, and lift devices.
  • Status: Suspended in part and ordered as follows: “The issuance of a permit to operate by the department or agent municipality shall occur within 10 business days a reasonable amount of time of completing and filing the inspection report.”

Wis. Admin. Code § SPS 316.013(3)(c)1.

  • Description of Rule: Inspection of installation and use of electricity.
  • Status: Companion order in effect.
  • Companion Order: A master electrician may issue an affidavit to the utility company in lieu of an inspection under this subsection.

Wis. Admin. Code § SPS 361.30

  • Description of Rule: Buildings exempt from plan submittal and review requirements
  • Status: Wis. Admin. Code § SPS 361.30(1)(b) is expanded to include buildings of critical need necessary for providing medical care in response to the public health emergency.

Wis. Admin. Code § SPS 314.01(13)(b)3.

  • Description of Rule: Fire prevention inspections.
  • Status: Suspended with companion order.
  • Companion Order: Any postponed inspections must be made up and prioritized after conclusion of the public health emergency.