When there are unusual conditions or an alternative design, the owner has the option of submitting a Petition for Variance to propose an alternate method of achieving the code intent. Anything in an administrative code can be petitioned, except for those items that are part of a state statute. Petitions for variances to state administrative codes are reviewed by the Department or local agencies that have been delegated such authority.
Petitions are not a means of avoiding the code but rather a way to permit an alternate method of meeting the intent of the code. As part of the petition, the designer or owner must propose ways of providing an equivalent degree of safety. These alternate conditions, if approved, will be incorporated into the final petition.
A Petition for Variance can be submitted at any time: prior to the plan submittal; during a plan review (if a problem with a code section is discovered during the review); or after review and approval of the plans (which, for example, might result from a change due to field conditions).
As it relates to petitions associated with buildings and structures, a position statement from the local building official is needed if they did the plan review or have related outstanding orders. In cases related to fire or life safety issues, the fire department position statement must be provided. Overall, it is best to check with local fire department offices.
See the One- & Two-Family (Uniform Dwelling Code) program page for submitting a Petition for Variance from Wis. Admin. Code SPS 320-325 or SPS 327.
For all other programs, submit a petition for variance using the Electronic Safety and Licensing Application (eSLA) system at esla.wi.gov.
May I use the petition process to get around the intent of the code?
No. Petitions are not a means of avoiding the code, but rather a way to permit an alternate method of meeting the intent of the code. As part of the petition, the designer or owner must propose ways of providing an equivalent degree of safety. These alternate conditions, if approved, will be incorporated into the final petition.
Can I justify a petition by saying I don't want to pay what it costs to comply with the code?
No, that is not a significant factor. You must show you can provide equivalence with the code provisions you are petitioning.
Are there standard accepted petitions I can follow?
No. Each petition is considered on its own basis because each circumstance is in some way unique.
Must I complete the fire department position statement on the application?
In cases related to fire protection or prevention issues, yes. Overall, it is best to check with local fire department officials.
Must I complete the Municipal Building Inspection recommendation section on the application?
A position statement from the local building official is needed if they did the plan review or have related outstanding orders.
What is the petition fee?
See
SPS 302.52, Fee Code.