Petition for Variance
Petition for Variance Code Chapter: SPS 303
Disclaimer: Review WI statute for full requirements
Overview
You can submit a Petition for Variance to propose an alternate method of achieving code intent.
You cannot petition items in state statute, but anything in administrative code can be petitioned. DSPS is responsible for reviewing petitions for variance from state administrative codes however some delegated agents may also have authority.
Petitions are not a means of avoiding code but rather a way to permit an alternate method of meeting the code's intent. The designer or owner must propose ways of providing an equivalent degree of safety as part of their petition. These alternate conditions, if approved, will be incorporated into the final petition.
As it relates to petitions associated with buildings and structures, a position statement from the local building official is needed if they completed the plan review or have related outstanding orders. In cases related to fire or life safety issues, a fire department position statement must be provided. In general, it is best to discuss with local fire department offices prior to submitting a petition.
Frequently Asked Questions
No. Petitions are not a means to avoid code. They are a way to allow alternate methods of meeting the code's intent. The designer or owner must propose ways of providing an equivalent degree of safety as part of the petition. These alternate conditions, if approved, will be incorporated into the final petition.
No, cost is not a significant factor. You must show you can provide equivalence with the code provisions you are petitioning.
No. Each petition is considered on its own basis because each circumstance is unique.
Yes, in cases related to fire protection or prevention. Overall, it is best to check with your local fire department officials about the potential safety impact of a requested variance.
A position statement from the local building official is needed if they completed the plan review or have related outstanding orders.
A Petition can be submitted at any time: prior to plan submittal; during 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).
The process for submitting a petition for variance depends on the chapter being petitioned.
Wis. Admin. Code Ch. SPS 221, Tattooing and Body Piercing
Complete 1000-IS, Body Art Petition for Variance. This form can be submitted to the Department or to your local Health Department.
Wis. Admin. Code Chs. SPS 320-325, Uniform Dwelling Code, or SPS 327, Camping Units
Complete SBD-9890, Petition for Variance. The online form will automatically route for signatures and position statements based on the information provided. Mail the completed form, with payment, to the Department at:
DSPS DIS UDC
4822 Madison Yards Way
Madison, WI 53705
All Other SPS Chapters
Complete SBD-9890, Petition for Variance. The online form will automatically route for signatures and position statements based on the information provided. Also complete a petition for variance submission via esla.wi.gov. Ensure the completed SBD-9890 form is uploaded to the eSLA application, where appropriate. Pay the petition for variance fee with your eSLA application to complete the submission.
See the eSLA Information page for guidance.
See SPS 302.52, Fee Code.
