Wisconsin DSPS Approval

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WI Court of Appeals – District III

Case Name: Premium Properties Limited Partnership v. Wisconsin Department of Safety and Professional Services

Case No.: 2021AP002192

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Wisconsin DSPS Approval

Premium Properties Limited Partnership appeals a circuit court order affirming a notice of violations and orders (“the notice”) against Premium Properties by the Wisconsin Department of Safety and Professional Services (“the DSPS”). The notice required Premium Properties to submit building change of use plans and fire suppression plans to the DSPS for review and approval.

On appeal, Premium Properties contends that the administrative law judge’s (ALJ) findings at a hearing challenging the notice were not supported by substantial evidence. Premium Properties also argues that the DSPS exceeded its authority and that its policy of classifying fireworks as “high hazard” in certain circumstances is unenforceable.

Because Premium Properties’ building was not approved for fireworks sales or storage in June 2002, the continued use of the building for that purpose requires Premium Properties to comply with the current code. In other words, the building’s approved use has changed from “Business, Storage” to the sale and storage of fireworks, which the DSPS characterizes as high hazard.

Affirmed.

Decided 10/03/23

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