Wis. Stat. § 101.59 — Manufacturer, supplier; requirements

101.59 or 101.597 (1), and has time periods no less stringent than s. 101.589 and confidentiality requirements no less stringent than s. 101.592, an employer, manufacturer or supplier may apply to the department for an exemption from s. 101.583, 101.59 or 101.597 (1). (b) An employer applying to the department for an exemption under par. (a) shall provide a copy of the application to appropriate certified collective bargaining agents and shall post a statement at the place where notices to employees are normally posted. The posted statement shall summarize the application, specify a place where employees may examine it and inform employees of their right to request a hearing on it. (c) Upon receipt of a written request from an affected employer, manufacturer, supplier, employee or employee representative, the department shall hold a hearing on the application. If a hearing has been requested, the department is prohibited from approving the application until a hearing has been held. In no case may the department approve the application within less than 60 days after receiving it. History: 1981 c. 364, 391; 1983 a. 189 s. 329 (28); 1983 a. 192 s. 304; 2005 a. 155. Cross-reference: See also ch. SPS 335, Wis. adm. code. Wisconsin’s new “Right to Know” law. McCauley. WBB Jan. 1983.

101.581 Notice requirements. (1) EMPLOYER. An employer who uses, studies or produces a toxic substance, infectious agent or pesticide shall post in every workplace at the location where notices to employees are usually posted a sign which informs employees that the employer is required, upon request, to provide an employee or employee representative with all of the following: (a) The identity of any toxic substance or infectious agent which an employee works with or is likely to be exposed to. (b) A description of any hazardous effect of the toxic substance or infectious agent. (c) Information regarding precautions to be taken when handling the toxic substance or infectious agent. (d) Information regarding procedures for emergency treatment in the event of overexposure to the toxic substance or infectious agent. (e) Access to the information contained on the label of any pesticide with which the employee works or to which the employee is likely to be exposed. (2) AGRICULTURAL EMPLOYER. An agricultural employer who uses pesticides shall post in a prominent place in the work-

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place a sign which informs employees that the agricultural employer is required, upon request, to provide an employee or employee representative with access to the information contained on the label of any pesticide with which the employee works or to which the employee is likely to be exposed. (3) MINOR EMPLOYEE. If an employee is a minor, an employer or agricultural employer shall send to the employee’s parent or guardian, at the address provided by the employee, notice of the employee’s rights under sub. (1) or (2). History: 1981 c. 364; 1983 a. 392. Cross-reference: See also ch. SPS 335, Wis. adm. code. “Produces” under sub. (1) means to create, bring forth, or cause hazardous substances to exist in the work place. Door County Highway Department v. DILHR, 137 Wis. 2d 280, 404 N.W.2d 548 (Ct. App. 1987).

101.583 Toxic substance information requirements; employer to employee. (1) RETENTION OF INFORMATION; LISTS. Except as provided by department rule under s. 101.598, an employer shall: (a) Retain any material safety data sheet relating to a toxic substance and containing the information required to be provided to employees under sub. (2) for 30 years after the date upon which the employer last received the toxic substance in the workplace; or (b) 1. Maintain a written list identifying any toxic substance present in a workplace on or after May 10, 1984, except as provided in subd. 2., and the dates that the toxic substance is present in the workplace. If a list is maintained, each toxic substance required to be on the list shall be included on the list until 30 years after the last date on which the substance is received in the workplace. Within 30 days after a written request by an employee or employee representative, exclusive of weekends and legal holidays, the employer shall provide to the employee or employee representative a copy of any list maintained for the employee’s workplace or the workplace of the employees represented by the employee representative. 2. a. A toxic substance need not be included on a list if in the area in which any employee usually works the toxic substance is received in packages of one kilogram or less and if no more than 10 kilograms of the toxic substance are used in or purchased for that area per year. b. A toxic substance need not be included on a list if it is a mixture containing one or more mineral dusts listed in 29 CFR 1910.1000, table z-3. (1m) SMALL EMPLOYERS. Any employer with less than 10 employees and less than $750,000 in gross sales in the most recent calendar or fiscal year, whichever the employer uses for income or franchise tax purposes, is not subject to the requirements of sub. (1). (2) INFORMATION. (a) Except as provided in s. 101.589, within 15 days after a written request by an employee or employee representative, exclusive of weekends and legal holidays, an employer shall provide to the employee or employee representative in writing the following information regarding any toxic substance with which the employee works or worked or to which the employee is likely to be or has been exposed: 1. The trade name of the toxic substance. 2. The chemical name and any commonly used synonym for the toxic substance and the chemical name and any commonly used synonym for its major components. 3. The boiling point, vapor pressure, vapor density, solubility in water, specific gravity, percentage volatile by volume, evaporation rate for liquids and appearance and odor of the toxic substance. 4. The flash point and flammable limits of the toxic substance.

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5. Any permissible exposure level, threshold limit value or other established limit value for exposure to the toxic substance. 6. The stability of the toxic substance. 7. Recommended fire extinguishing media, special fire fighting procedures and any unusual fire and explosion hazard information for the toxic substance. 8. Any effect of overexposure to the toxic substance, emergency and first aid procedures and a telephone number to be called in an emergency. 9. Any condition or material which is incompatible with the toxic substance and must be avoided. 10. Any personal protective equipment to be worn or used and special precautions to be taken when handling or coming into contact with the toxic substance. 11. Procedures for the handling, cleanup and disposal of toxic substances leaked or spilled. (b) An employer is not required to provide information regarding a toxic substance under par. (a) if the employee or employee representative making the request has requested information about the toxic substance under par. (a) within the preceding 12 months, unless the employee’s job assignment has changed or there is new information available concerning any of the subjects about which information is required to be provided. History: 1981 c. 364; 1983 a. 392; 1991 a. 39; 2017 a. 365. Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.585 Infectious agent information requirements; employer to employee. (1) Except as provided in s. 101.589 (1) and (3), within 72 hours after a written request by an employee or employee representative, exclusive of weekends and legal holidays, an employer shall provide in writing to the employee or employee representative the following information regarding any infectious agent which the employee works with or is likely to be exposed to if the infectious agent is present in the workplace when the request is made or at any time during the 30 days immediately preceding the request: (a) The name and any commonly used synonym of the infectious agent. (b) Any method or route of transmission of the infectious agent. (c) Any symptom or effect of infection, emergency and first aid procedures and a telephone number to be called in an emergency. (d) Any personal protective equipment to be worn or used and special precautions to be taken when handling or coming into contact with the infectious agent. (e) Procedures for handling, cleanup and disposal of infectious agents leaked or spilled. (2) An employer is not required to provide information regarding an infectious agent under sub. (1) if the employee or employee representative making the request has requested information about the infectious agent under sub. (1) within the preceding 12 months, unless the employee’s job assignment has changed or there is new information available concerning any of the subjects about which information is required to be provided. History: 1981 c. 364. Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.586 Pesticide information requirements; employer or agricultural employer to employee. Within 72 hours of a request from an employee or employee representative, exclusive of weekends and legal holidays, an employer or agricultural employer shall provide the requesting employee or employee representative with access to the container label or the information required by the federal environmental protection agency or the department of agriculture, trade and consumer protection to

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be on the container label, for any pesticide with which the employee works or to which the employee is likely to be exposed. History: 1981 c. 364; 1983 a. 392. Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.587 Information requirements; employer or agricultural employer to department. The department or the department of health services may request the information required to be provided to employees under ss. 101.583, 101.585 and 101.586. The employer or agricultural employer shall provide the information within the time periods provided in ss. 101.583, 101.585, 101.586 and 101.589. History: 1981 c. 364; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a). Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.588 Information collection and maintenance; department. If an employer ceases business operations in this state, the employer shall provide the department with the information required under s. 101.583 or 101.585 relating to that employer. The department shall maintain that information and provide it to any employee upon request. History: 1983 a. 392. Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.589 Extended time periods; exceptions. (1) If an employer has not obtained the information required to be provided under ss. 101.583 (2) (a) and 101.585 (1) at the time of a request made under s. 101.583 (2) (a) or 101.585 (1), the employer shall provide the information within 30 days after the request, exclusive of weekends and legal holidays. (2) If a toxic substance was present in the workplace at any time on or after December 1, 1982, but is not present in the workplace when a request is made under s. 101.583 (2) (a), the employer shall provide the information within 30 days after the request, exclusive of weekends and legal holidays. (3) An employer who has requested from the manufacturer or supplier of a toxic substance or from the supplier of an infectious agent any information required to be provided under s. 101.583 (2) (a) or 101.585 (1), but who has not received and does not already have that information, is not required to provide the information but shall notify any requesting employee or employee representative that the employer has requested, has not received and does not otherwise have the information. History: 1981 c. 364; 1981 c. 391 s. 210. Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.59 Manufacturer, supplier; requirements. Within 15 days, exclusive of weekends and legal holidays, after receipt of a request from an employer, any manufacturer or supplier of a toxic substance transported or sold for use in this state, or any supplier of an infectious agent transported or sold for use in this state, shall provide to that employer the information the employer is required to provide employees under s. 101.583 (2) (a) or 101.585 (1). History: 1981 c. 364. Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.592 Confidential information. (1) A manufacturer or supplier of a toxic substance, a supplier of an infectious agent or an employer may declare that information required to be provided under s. 101.583, 101.585, 101.59 or 101.597, except information described in ss. 101.583 (2) (a) 7. to 11., 101.585 (1) (b) to (e) and 101.597 (5) (a) 2. to 7. and (b) 2. and 3., relates to a process or production technique which is unique to, or is information the disclosure of which would adversely affect the competitive position of, the manufacturer, supplier or employer. If an employer, employee or employee representative requests information under s. 101.583, 101.585 or 101.59 that is confidential, the manufacturer, supplier or employer shall inform the requester that

101.597

part of the requested information is confidential, but shall provide any part of the requested information that is not confidential or that, under this subsection, may not be declared confidential. When a manufacturer, supplier or employer declares information confidential, it shall notify the department and shall state the general use of the toxic substance or infectious agent and the items of information which it did and did not provide to the requester. (2) Notwithstanding sub. (1), a manufacturer, supplier or employer shall provide the information specified in s. 101.583 (2) (a) 1. and 2. or 101.585 (1) (a) upon a request from an employee’s authorized physician stating that the information is necessary for medical treatment of the employee. No physician receiving information under this subsection may disclose it to any person without the written consent of the patient and of the manufacturer, supplier or employer. History: 1981 c. 364; 1983 a. 392 s. 20. Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.595 Employee rights. (1) NOT TO WORK WITH TOXIC SUBSTANCE, INFECTIOUS AGENT OR PESTICIDE. Except as provided in ss. 101.589 (3) and 101.592, if an employee has requested information about a toxic substance, infectious agent or pesticide under s. 101.583, 101.585 or 101.586 and has not received the information required to be provided under s. 101.583, 101.585, 101.586 or 101.589 (1) or (2), the employee may refuse to work with or be exposed to the toxic substance, infectious agent or pesticide until such time as the employer or agricultural employer supplies the information under s. 101.583, 101.585 or 101.586 to the employee who has made the request. (2) RETALIATION PROHIBITED. (a) No employer or agricultural employer may discharge or otherwise discipline or discriminate against any employee because the employee has exercised any rights under ss. 101.58 to 101.599. (b) Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under ss. 101.58 to 101.599. (3) WAIVER PROHIBITED. No person may request or require any employee to waive any rights under ss. 101.58 to 101.599. History: 1981 c. 364; 1983 a. 392; 1989 a. 228. Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.597 Education and training programs. (1) BY EMPLOYER; TOXIC SUBSTANCE, INFECTIOUS AGENT OR PESTICIDE. Except as provided in sub. (5) (b), prior to an employee’s initial assignment to a workplace where the employee may be routinely exposed to any toxic substance, infectious agent or pesticide, an employer shall provide the employee with an education or training program under sub. (5) (a) or (c). The employer shall provide additional instruction whenever the employee may be routinely exposed to any additional toxic substance or infectious agent. (2) BY AGRICULTURAL EMPLOYER; PESTICIDE. Prior to an agricultural employee’s initial assignment to a workplace where the employee may be routinely exposed to a pesticide, an agricultural employer shall provide the employee with an education or training program under sub. (5) (c). The agricultural employer shall provide additional instruction whenever the employee may be routinely exposed to any additional pesticide. (3) BY DEPARTMENT. The department shall inform manufacturers, suppliers, employers, agricultural employers and employees of their duties and rights under ss. 101.58 to 101.599. As part of this program, the department shall cooperate with the department of revenue to notify any employer commencing operations on or after May 8, 1982, of that employer’s duties and rights. (4) DEFINITION. In this section, “routinely exposed to any toxic substance” means exposure of at least 30 days per year at exposure levels exceeding 50 percent of the permissible exposure

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level established by the federal occupational safety and health administration, or any exposure exceeding 100 percent of the permissible exposure level, regardless of the exposure period. (5) PROGRAM CONTENTS. (a) Toxic substances and infectious agents. For each toxic substance or infectious agent to which the employee may be routinely exposed, the education or training program shall include: 1. a. For a toxic substance, the trade name, generic or chemical name and any commonly used synonym for the toxic substance and the trade name, generic or chemical name and any commonly used synonym for its major components. b. For an infectious agent, its name and any commonly used synonym. 2. The location of the toxic substance or infectious agent. 3. Any symptom of acute or chronic effect of overexposure to the toxic substance or infectious agent. 4. For a toxic substance, the potential for flammability, explosion and reactivity. 5. Proper conditions for safe use of and exposure to the toxic substance or infectious agent. 6. Special precautions to be taken and personal protective equipment to be worn or used, if any, when handling or coming into contact with the toxic substance or infectious agent. 7. Procedures for handling, cleanup and disposal of toxic substances or infectious agents leaked or spilled. (b) Toxic substances and infectious agents; exception. In an area where employees usually work with a large number of toxic substances or infectious agents which are received in packages of one kilogram or less and no more than 10 kilograms of which are used or purchased per year, the employer may provide a general education or training program in lieu of the education or training program described in par. (a). The general training program shall be provided prior to an employee’s initial assignment to the area and shall include: 1. The information specified in par. (a) 1. and 2. 2. The nature of the hazards posed by the toxic substances or infectious agents or both. 3. General precautions to be taken when handling or coming into contact with the toxic substances or infectious agents. (c) Pesticides. For each pesticide to which the employee may be routinely exposed the education or training program shall include: 1. The trade name, generic or chemical name and any commonly used synonym for the pesticide and the trade name, generic or chemical name and any commonly used synonym for its major ingredients. 2. The location of the pesticide and the location where it is used. 3. Any symptom of acute or chronic effect of overexposure to the pesticide. 4. Proper conditions for safe use of and exposure to the pesticide. 5. Special precautions to be taken and personal protective equipment to be worn or used, if any, when handling or coming into contact with the pesticide. 6. Procedures for handling, cleanup and disposal of leaks or spills of the pesticide. History: 1981 c. 364, 391; 1983 a. 392; 1995 a. 27. Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.598 Rules. (1) The department shall, by rule, identify as an infectious agent any bacterial, mycoplasmal, fungal, parasitic or viral agent which causes illness in humans or human fe-

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tuses or both. The department shall consult with the department of health services in promulgating these rules. (2) The department may, by rule, exempt employers from retaining a data sheet or maintaining a list, under s. 101.583 (1), regarding any mixture containing a toxic substance if the nature of the toxic substance or the quantity of toxic substance present in the mixture is such that the mixture is highly unlikely to pose an unreasonable acute or chronic health hazard to an employee who works with or is likely to be exposed to the mixture. History: 1981 c. 364, 391; 1983 a. 392; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a). Cross-reference: See also ch. SPS 335, Wis. adm. code.

101.599 Remedies; civil forfeitures. (1) COMPLAINT. An employee or employee representative who has not been afforded his or her rights by an employer or agricultural employer in violation of s. 101.583, 101.585, 101.586, 101.595 (1), (2) (a) or (3) or 101.597 (1) or (2) may, within 30 days after the violation occurs or the employee or employee representative first obtains knowledge of the violation, whichever is later, file a complaint with the department alleging the violation. The department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227. The hearing shall be held within 60 days after receipt by the department of the complaint. (2) REMEDIES. The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer or agricultural employer has violated s. 101.583, 101.585, 101.586, 101.595 (1), (2) (a) or (3) or 101.597 (1) or (2), it may order the employer or agricultural employer to take such action as will remedy the effects of the violation, including instituting an education or training program, providing the requested information, reinstating an employee or providing back pay to an employee. (3) CIVIL FORFEITURE. (a) Except as provided in par. (b), any person who violates ss. 101.58 to 101.599 or an order of the department issued under ss. 101.58 to 101.599 shall forfeit not more than $1,000 for each violation. (b) Any person who willfully violates or exhibits a pattern of violation of ss. 101.58 to 101.599 or an order of the department issued under ss. 101.58 to 101.599 shall forfeit not more than $10,000 for each violation. History: 1981 c. 364; 1981 c. 391 ss. 101, 102; 1983 a. 392; 1989 a. 228. Cross-reference: See also ch. SPS 335, Wis. adm. code.

SUBCHAPTER II ONE- AND 2-FAMILY DWELLING CODE 101.60 Purpose. The purpose of this subchapter is to establish statewide construction standards and inspection procedures for one- and 2-family dwellings and to promote interstate uniformity in construction standards by authorizing the department to enter into reciprocal agreements with other states which have equivalent standards. History: 1975 c. 404; 1977 c. 369, 447. Cross-reference: See also chs. SPS 320, 321, 322, 323, 324, and 325, Wis. adm. code.

101.61 Definitions. In this subchapter: (1) “Dwelling” means any building that contains one or 2 dwelling units. “Dwelling unit” means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons

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maintaining a common household, to the exclusion of all others. “Dwelling” and “dwelling unit” do not include a primitive rural hunting cabin. (2) “Owner” means any person having a legal or equitable interest in the dwelling. “Owner” does not include any person whose legal or equitable interest in the dwelling is a security interest derived solely from the extension of credit to permit construction or remodeling of the dwelling or purchase of the dwelling by a 3rd party. (3) “Primitive rural hunting cabin” means a structure that satisfies all of the following: (a) The structure is not used as a home or residence. (b) The structure is used principally for recreational hunting activity. (c) The structure does not exceed 2 stories in height. (d) The structure satisfies any of the following: 1. The structure was constructed before December 31, 1997. 2. The structure results from alterations made to a structure described in subd. 1. 3. The structure replaces a structure described in subd. 1. History: 1975 c. 404; 1979 c. 89, 148; 1989 a. 109; 2017 a. 59. The dwelling code applies to additions to buildings initially constructed after the effective date of the one- and two-family dwelling code act. 67 Atty. Gen. 191.

101.615 Application. This subchapter applies to a dwelling the initial construction of which was commenced on or after December 1, 1978, except as follows: (1) Section 101.645 applies to a dwelling the initial construction of which was commenced before, on or after May 23, 1978. (1m) Section 101.647 applies to a dwelling the initial construction of which was commenced before, on, or after February 1, 2011. (2) Section 101.653 applies to a dwelling the initial construction of which was commenced on or after May 16, 1992. (3) Sections 101.65 (1m) and (1r) and 101.654 apply to an application for a building permit filed on or after April 1, 1995, to perform work on a dwelling the initial construction of which was commenced before, on or after December 1, 1978. History: 1989 a. 109; 1991 a. 309; 1993 a. 126; 1995 a. 392; 2009 a. 158; 2013 a. 173 s. 33. Cross-reference: See also chs. SPS 320, 321, 322, 323, 324, and 325, Wis. adm. code.

101.62

Uniform dwelling code council. (1) CONSTRUCTION STANDARDS AND RULES. The uniform dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. (2) ACCESSIBILITY. The uniform dwelling code council shall study the need for and availability of one- and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 106.50 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one- and 2-family dwellings. (3) OTHER MATTERS. The uniform dwelling code council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The uniform dwelling code council shall recommend variances for different climate and soil conditions throughout the state. (4) REPORTS. The uniform dwelling code council shall prepare a report that consists of the review required under sub. (1)

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and the recommendations required under sub. (3) once every 6 years. The council shall complete the first report no later than July 7, 2014. (5) BUILDING INSPECTOR COMPLAINTS. (a) In this subsection: 1. “Building inspector” means a person who is certified under rules promulgated by the department to make inspections under this subchapter. 2. “Council” means the uniform dwelling code council. 3. “Permittee” means a person who is issued a building permit under this subchapter. (b) The council shall review complaints received from permittees concerning possible incompetent, negligent, or unethical conduct by building inspectors. After reviewing a complaint received under this paragraph, the council shall recommend that the department suspend or revoke the certification of a building inspector if the council determines that the building inspector has engaged in incompetent, negligent, or unethical conduct. (c) 1. If a permittee makes a complaint to the council concerning a building inspector, the permittee may do one of the following: a. Request that the complaint remain anonymous, subject to subd. 2. b. Allow the complaint to be presented to the building inspector and not remain anonymous. 2. If the permittee chooses to request that the permittee’s complaint remain anonymous, the council may not review the complaint unless the council receives 2 additional anonymous complaints regarding the building inspector. If 2 or more additional complaints are made, the council shall proceed with its review, and none of the complaints may continue to be anonymous. 3. If the permittee allows the permittee’s complaint to be presented to the building inspector without requesting anonymity, the council shall proceed with the review. (6) CONTRACTORS. The uniform dwelling code council shall do all of the following: (a) Recommend for promulgation by the department rules for certifying the financial responsibility of contractors under s. 101.654. These rules shall include rules providing for the assessment of fees upon applicants for certification of financial responsibility under s. 101.654 and for the suspension and revocation of that certification. The amount of the fees recommended under this paragraph may not exceed an amount that is sufficient to defray the costs incurred in certifying the financial responsibility of applicants under s. 101.654. (b) Recommend to the department for approval under s. 101.654 (1m) (b) 1. courses that meet continuing education requirements. (c) Advise the department on the development of course examinations for those persons who are required to pass an examination under s. 101.654 (1m) (b). History: 1975 c. 404; 1991 a. 295; 1995 a. 27; 1999 a. 82; 2013 a. 23; 2015 a. 29; 2017 a. 240 ss. 7 to 16; 2021 a. 238.

101.63 Departmental duties. The department shall: (1) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. The rules shall include separate standards, established in consultation with the uniform dwelling code council, that apply only to the construction and inspection of camping units that are set in a fixed location in a campground for which a permit is issued under s. 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air condi-

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tioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 97.01 (1g), except that the rules apply to all of the following: (a) The 3rd floor level of a bed and breakfast establishment that uses that level other than as storage. (b) A structural addition that is made to a bed and breakfast establishment that alters the dimensions of the structure. (2) Adopt rules for the certification, including provisions for suspension and revocation thereof, of inspectors for the purpose of inspecting building construction, electrical wiring, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10), of one- and 2-family dwellings under sub. (1). The rules shall specify that the department may suspend or revoke the certification of an inspector under this subsection for knowingly authorizing the issuance of a building permit to a contractor who is not in compliance with s. 101.654. Upon receipt of a recommendation of the uniform dwelling code council under s. 101.62 (5) (b) to suspend or revoke the certification of a building inspector, the department shall suspend or revoke the certification if the department determines the building inspector has engaged in incompetent, negligent, or unethical conduct. Persons certified as inspectors may be employees of the department, a city, village, town, county, or an independent inspection agency. The department may not adopt any rule that prohibits any city, village, town, or county from licensing persons for performing work on a dwelling in which the licensed person has no legal or equitable interest. (2m) Promulgate rules for certifying the financial responsibility of contractors under s. 101.654. These rules shall include rules providing for the assessment of fees upon applicants for certification of financial responsibility under s. 101.654 and for the suspension and revocation of that certification. The amount of the fees assessed under this subsection may not exceed an amount that is sufficient to defray the costs incurred in certifying the financial responsibility of applicants under s. 101.654. (3) Contract to provide inspection services, at municipal expense, to any municipality which requires such service under s. 101.65. (5) Review the rules adopted under this subchapter once every 3 years. (5m) Once every 6 years, review those portions of the state electrical wiring code promulgated by the department under s. 101.82 (1) that apply to dwellings. In its review, the department shall consult with the uniform dwelling code council and any council or committee created by the secretary to advise the department regarding the state electrical wiring code. (6) Issue special orders which it deems necessary to secure compliance with this subchapter and enforce the same by all appropriate administrative and judicial proceedings. (7) Prescribe and furnish to municipal authorities a standard building permit form for all new one- and 2-family dwellings. On or before January 2, 2017, the department shall furnish to municipal authorities the standard building permit form prescribed under this subsection in electronic form. The standard permit form shall include all of the following: (a) A space in which the municipal authority issuing the permit shall insert the name and license number of the master plumber engaged in supervising the installation of plumbing or installing the plumbing at a new one- or 2-family dwelling. (b) A space in which the municipal authority issuing the per-

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mit shall insert the name of the person to whom the building permit is issued and the number and expiration date of the certificate of financial responsibility issued to that person under s. 101.654. (7m) On or before January 2, 2017, establish by rule a system through which a person may electronically submit an application to a municipal authority for a building permit, through which the person may be issued the building permit in electronic form from the municipal authority, and through which the municipal authority may submit copies of issued building permits to the department. The rule shall prescribe a standard building permit application form that shall be furnished to all municipal authorities and used by all applicants for building permits for new one- and 2-family dwellings, except that the department may approve a municipal authority’s use of a different application form. The rule shall require a municipal authority to use the standard building permit form prescribed under sub. (7), unless the department approves a municipal authority’s use of a different form. A municipal authority shall begin implementation of the system established under this subsection no later than January 2, 2018. (8) Hear petitions regarding the dwelling code, rules and special orders in accordance with s. 101.02 (6) (e) to (i) and (8). (9) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter. (10) Assist the uniform dwelling code council in preparing the report as required under s. 101.62 (4). (11) Develop and maintain computer software available to the public that provides the information, tools, and calculations required for a person to determine whether plans for the construction of, addition to, or alteration of a dwelling comply with the energy efficiency requirements of the uniform dwelling code promulgated under sub. (1). History: 1975 c. 404; 1979 c. 221; 1981 c. 20; 1983 a. 27; 1983 a. 189 s. 329 (8); 1987 a. 343; 1993 a. 26, 126, 414; 1999 a. 9, 135; 2003 a. 90; 2005 a. 25, 200; 2007 a. 67; 2011 a. 78; 2013 a. 23; 2015 a. 29, 49, 55, 211; 2017 a. 59, 68, 240, 365, 366. Cross-reference: See also chs. SPS 316, 320, 321, 322, 323, 324, 325, 327, 381, 382, 383, 384, 385, 386, and 387, Wis. adm. code.

101.64 Departmental powers. (1) The department may: (a) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at such hearings. (b) Except as provided under sub. (2m), at the request of the owner or renter, enter, inspect, and examine a dwelling, dwelling unit, or premises necessary to ascertain compliance with the rules and special orders under this subchapter. (c) Revise the rules under this subchapter after consultation with the uniform dwelling code council. (d) Provide for or engage in the testing, approval and certification of materials, devices and methods of construction. (e) Collect and publish data secured from the building permits. (f) Adopt rules prescribing procedures for approving new building materials, methods and equipment. (g) Enter into reciprocal agreements with other states regarding the approval of building materials and methods where the standards of the other state meet the intent of the dwelling code and the rules promulgated under this subchapter. (h) Study the operation of the dwelling construction code and other laws related to the construction of dwelling units to determine their impact upon the cost of building construction and their effectiveness upon the health, safety and welfare of the occupants. (2m) The department may not inspect a dwelling, dwelling unit, or premises located in a city, village, town, or county that exercises jurisdiction under s. 101.65 (1) (a) or (b) or 101.651 (2m) (a), unless the city, village, town, or county has entered into a

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contract with the department under s. 101.65 (2) that authorizes the department to conduct the inspection. History: 1975 c. 404; 1993 a. 126; 2005 a. 200; 2015 a. 29; 2017 a. 240, 330.

101.642 Certain rules prohibited. (1) The department may not promulgate or enforce a rule that requires that any onefamily or 2-family dwelling that uses electricity for space heating be superinsulated. (2) The department may not promulgate or enforce a rule that requires that any one- or 2-family dwelling contain an automatic fire sprinkler system, as defined in s. 145.01 (2). History: 2007 a. 67; 2015 a. 55.

101.645 Smoke detectors. (1) DEFINITION. The definition of “smoke detector” under s. 101.145 (1) (c) also applies to this section. (2) APPROVAL AND INSTALLATION. A smoke detector required under this section shall be approved and installed as required under s. 101.145 (2) and (3) (a). (3) REQUIREMENT. The owner of a dwelling shall install a functional smoke detector in the basement of the dwelling and on each floor level except the attic or storage area of each dwelling unit. The occupant of such a dwelling unit shall maintain any smoke detector in that unit, except that if any occupant who is not the owner, or any state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that the smoke detector is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional. (4) INSPECTION. Except as provided under s. 101.64 (2m), the department or a municipal authority may inspect a new dwelling, may inspect the common areas of a dwelling, and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section. History: 1977 c. 388; 1983 a. 189 s. 329 (4); 1987 a. 376; 1989 a. 109; 2017 a. 330. Cross-reference: See also ch. SPS 328, Wis. adm. code. This section is a safety statute the violation of which constitutes negligence per se. Johnson v. Blackburn, 220 Wis. 2d 260, 582 N.W.2d 488 (Ct. App. 1998), 971414.

101.647 Carbon monoxide detectors. (1) DEFINITIONS. In this section: (a) “Carbon monoxide detector” has the meaning given in s. 101.149 (1) (am). (am) Notwithstanding s. 101.61 (1), “dwelling” does not include a tourist rooming house, as defined in s. 97.01 (15k). (b) “Fuel-burning appliance” means a device that is installed in a dwelling, that burns fossil fuel or carbon-based fuel, and that produces carbon monoxide as a combustion by-product. (2) INSTALLATION AND SAFETY CERTIFICATION. The owner of a dwelling shall install any carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector. A carbon monoxide detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark and may be a device that is combined with a smoke detector. (3) REQUIREMENTS. (a) The owner of a dwelling shall install a functional carbon monoxide detector in the basement of the dwelling and on each floor level except the attic, garage, or storage area of each dwelling unit. A carbon monoxide detector wired to the dwelling’s electrical wiring system shall have a backup battery power supply. Except as provided under par. (b), the occupant of the dwelling unit shall maintain any carbon

101.648

monoxide detector in that unit. This paragraph does not apply to the owner of a dwelling that has no attached garage, no fireplace, and no fuel-burning appliance. (am) 1. If the building permit for the initial construction of a dwelling was issued on or after February 1, 2011, and the electrical service for the dwelling is provided by a public utility, as defined in s. 196.01 (5), the owner of the dwelling shall install each carbon monoxide detector required under par. (a) so that it is powered by the dwelling’s electrical wiring system, except as provided under subd. 2. 2. The requirement that each carbon monoxide detector be installed in the manner provided under subd. 1. does not apply to a dwelling if the dwelling, when initially constructed, had no attached garage, no fireplace, and no fuel-burning appliance. (b) If any occupant who is not the owner of a dwelling, or any person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property, gives written notice to the owner that the carbon monoxide detector is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional. (4) INSPECTION. Except as provided under s. 101.64 (2m), the department or person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property may inspect a new dwelling and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section. (5) LIABILITY EXEMPTION. The owner of a dwelling is not liable for damages resulting from any of the following: (a) A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the dwelling. (b) The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner of the dwelling or the result of a faulty detector that was reasonably maintained by the owner of the dwelling. (6) TAMPERING PROHIBITED. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector. History: 2009 a. 158; 2015 a. 55; 2017 a. 330. Cross-reference: See also ch. SPS 328, Wis. adm. code.

101.648 Waiver; smoke detector and carbon monoxide detector requirements; plumbing and electrical standards. (1) In this section: (a) “Building permit” means a permit that authorizes the construction or occupancy of a one- or 2-family dwelling. (b) “Dwelling construction standard” means a requirement imposed under s. 101.645 (3) or 101.647 (3) or a requirement imposed under any provision of ch.101 or 145 applicable inside one- and 2-family dwellings or under any ordinance of a political subdivision relating to standards for electrical wiring or plumbing applicable inside one- and 2-family dwellings. (c) “Political subdivision” means a city, village, town, or county. (2) Except as provided in sub. (9), a person who is issued a waiver from a requirement to comply with a dwelling construction standard under this section is not required to comply with that standard. (3) (a) Except as provided in par. (b), a person is eligible to obtain a waiver from the requirement to comply with a dwelling

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construction standard if the person submits a signed application form requesting the waiver to the political subdivision that is responsible for issuing building permits for dwellings. The application shall include an attachment containing the address or other identifying information that describes the location of the dwelling and specifying the dwelling construction standard from which the person seeks a compliance waiver. (b) If the department issues building permits for dwellings in a political subdivision, a person applying for the waiver shall submit the application to the department. (4) The department shall prescribe and furnish a waiver application form to each political subdivision that issues building permits for dwellings. The form shall be written in simple and plain language and shall list, in a check-off format, each of the following statements: (a) The person’s religious beliefs and the established tenets or teachings of the religious sect of which the person is a member conflict with one or more dwelling construction standards. (b) The dwelling for which the waiver is requested will be used solely as a residence for the person or members of the person’s household. (c) The waiver is requested based upon the long-established tenets and teachings of the religious sect of which the person is a member and the religious sect did not establish these tenets and teachings solely to avoid compliance with dwelling construction standards. (d) The person agrees to modify the dwelling for which the waiver is requested to comply with dwelling construction standards if the person ceases to adhere to the tenets or teachings of the religious sect of which the person is a member and upon which the waiver is requested. (5) A political subdivision that issues building permits and that receives a completed and signed waiver application form shall promptly issue a waiver to the applicant if all of the following apply: (a) The political subdivision has no reason to believe that the statements provided by the applicant on the waiver application form are untrue. (b) The political subdivision is satisfied that the waiver will not result in an unreasonable risk of harm to public health or safety. (c) The waiver specifies those dwelling construction standards with which the applicant is not required to comply. (6) A political subdivision that finds that an applicant is not entitled to receive a waiver under this section shall promptly notify the department of its finding together with a description of the political subdivision’s basis for its finding. If the department agrees with the political subdivision’s finding, it shall deny the waiver and notify the applicant that the waiver is denied. If the department disagrees with the political subdivision’s finding, it shall issue the waiver to the applicant and notify the political subdivision that the department has issued the waiver. Upon receipt of the notice, the political subdivision shall waive the applicant’s requirement to comply with the dwelling construction standards specified in the waiver. (7) A person is entitled to obtain a waiver under this section before, during, or after construction of a one- or 2-family dwelling. (8) Neither a municipality nor the department may charge a person a fee to apply for or to receive a waiver under this section. (9) A waiver issued under this section is invalid if the political subdivision that issued the waiver or the department find that any of the following applies:

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(a) A statement on the waiver form submitted by the person to whom the waiver was issued is untrue. (b) The basis upon which the waiver was issued no longer applies. (c) The dwelling is occupied by a person who does not hold the religious beliefs that form the basis for issuing the waiver. (10) Neither the department nor a political subdivision may take any enforcement action, nor proceed with any enforcement action initiated on or before July 14, 2015, against a person with respect to a dwelling construction standard if the person has a valid waiver issued under this section that waives compliance with the requirement. History: 2015 a. 55; 2017 a. 240.

101.65 Municipal authority. Except as provided by s. 101.651, cities, villages, towns and counties: (1) May: (a) Subject to sub. (1c), exercise jurisdiction over the construction and inspection of new dwellings by passage of ordinances. Except as provided by s. 101.651, a county ordinance shall apply in any city, village, or town that has not enacted those ordinances. (b) Under s. 66.0301, jointly exercise the jurisdiction granted under par. (a). (c) By ordinance establish and collect fees to defray the cost of jurisdiction exercised under par. (a) or (b). (d) By ordinance provide remedies and penalties for violation of the jurisdiction exercised under par. (a) or (b). (1c) May not make or enforce an ordinance under sub. (1) that is applied to a dwelling and that does not conform to this subchapter and the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter. If any provision of a contract between a city, village, town, or county and an owner requires the owner to comply with an ordinance that does not conform to this subchapter or the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter, the owner may waive the provision, and the provision, if waived, is void and unenforceable. (1g) May not exercise jurisdiction over the construction or inspection of primitive rural hunting cabins. (1m) May not issue a building permit to a person who is required to be certified under s. 101.654 unless that person, on applying for a building permit, produces a certificate issued by the department or other evidence satisfactory to the department showing that the person is in compliance with s. 101.654. (1r) Shall require an owner who applies for a building permit to sign a statement advising the owner that if the owner hires a contractor to perform work under the building permit and the contractor is not bonded or insured as required under s. 101.654 (2) (a), the following consequences might occur: (a) The owner may be held liable for any bodily injury to or death of others or for any damage to the property of others that arises out of the work performed under the building permit or that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit. (b) The owner may not be able to collect from the contractor damages for any loss sustained by the owner because of a violation by the contractor of the one- and 2-family dwelling code or an ordinance enacted under sub. (1) (a), because of any bodily injury to or death of others or damage to the property of others that arises out of the work performed under the building permit or because of any bodily injury to or death of others or damage to the property of others that is caused by any negligence by the con-

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tractor that occurs in connection with the work performed under the building permit. (2) Shall contract with the department for those inspection services which the municipality does not perform or contract for under sub. (1) (a) or (b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services pursuant to s. 101.63 (9). (3) Except as provided in par. (a), shall use the standard building permit form prescribed and furnished by the department or, if approved by the department under s. 101.63 (7m), a different building permit form. A city, village, town, or county may require an applicant to submit the form in paper or electronic form, but may not require that an applicant submit the form in both paper and electronic forms. If a city, village, town, or county requires submission of the form in paper form, both of the following apply: (a) The applicant may submit any of the following: 1. A printed copy of the form that the city, village, town, or county makes available electronically. 2. A printed copy of the form that the department makes available electronically. 3. The form that the department makes available to the public in paper form. (b) The city, village, town, or county shall submit electronically to the department the information on the form submitted by the applicant under par. (a). (4) Not later than the 15th day of the first month beginning after issuance of each building permit, electronically file a copy of the permit with the department. If a city, village, town, or county fails to file with the department an electronic copy of an issued permit not later than the last day of the first month beginning after the issuance of the permit, the city, village, town, or county shall refund to the person to whom the building permit was issued an amount equal to the difference between the amount paid by that person to the respective city, village, town, or county for that permit and the portion of the permit fee remitted by the city, village, town, or county to the department, if any. This subsection first applies to a city, village, town, or county beginning on the date the city, village, town, or county begins implementation of the system required under s. 101.63 (7m). History: 1975 c. 404; 1979 c. 221 s. 2025 (12); 1979 c. 355 s. 238; 1981 c. 20; 1993 a. 126; 1999 a. 150 s. 672; 2005 a. 200; 2009 a. 276; 2015 a. 211; 2017 a. 59, 243; 2019 a. 38. Cross-reference: See also s. SPS 320.06, Wis. adm. code. Municipalities may contract with independent contractors to provide inspection services under this section. Giffin v. Poetzl, 2001 WI App 207, 247 Wis. 2d 906, 634 N.W.2d 901, 00-2633.

101.651 Special requirements for smaller municipalities. (1) DEFINITION. In this section, “municipality” means a city, village or town with a population of 2,500 or less. (2m) ENFORCEMENT OPTIONS. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under s. 101.65 (1) (a) or shall exercise the jurisdiction granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless any of the following conditions are met: (a) The municipality adopts a resolution requesting under sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a). (c) Under sub. (3) (b), the department enforces this subchapter throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter. (3) DEPARTMENTAL AND COUNTY AUTHORITY IN MUNICI-

101.653

PALITIES; GENERALLY.

(a) A county may not enforce this subchapter or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the county authority with respect to any other dwelling. For any services provided under this paragraph, the county shall collect costs under s. 101.65 (1) (c) from the person or municipality that requests the service. (am) Except as provided in s. 101.64 (2m), if a municipality exercises jurisdiction under sub. (2m) or adopts a resolution under sub. (2m) (a), the department may not enforce this subchapter in the municipality unless requested to do so by the municipality. For any services provided under this paragraph, the department shall collect costs under s. 101.63 (9) from the municipality. (b) The department shall provide inspection services and shall enforce this subchapter throughout any municipality that does not exercise jurisdiction under sub. (2m) and that has not adopted a resolution under sub. (2m) (a). (4) DATA RELATING TO HOUSING STARTS IN MUNICIPALITIES. Municipalities shall furnish statistical data relating to housing starts to the department as requested by the department. (5) EFFECT OF SECTION ON CERTAIN LAWS. This section does not affect the applicability of rules or an ordinance adopted under this subchapter to builders, designers and owners of dwellings located in a municipality. History: 1981 c. 20; 1989 a. 31; 1991 a. 309; 1999 a. 9; 2003 a. 90; 2017 a. 330.

101.652 Manufactured homes; responsibility for compliance. (1) In this section: (a) “Manufactured home” has the meaning given in s. 101.91 (2). (b) “Manufactured home community” has the meaning given in s. 101.91 (5m). (c) “Manufactured home community operator” has the meaning given in s. 101.91 (8). (d) “Manufactured home owner” does not include a person that leases a manufactured home from another. (2) If a requirement of the uniform dwelling code adopted by the department under this subchapter applies to a manufactured home or to an attachment to a manufactured home, the manufactured home owner shall comply with that requirement. If the manufactured home is located in a manufactured home community, the manufactured home community operator is not responsible for compliance with that requirement unless the manufactured home community operator is the manufactured home owner. History: 2017 a. 109.

101.653 Construction site erosion control. (1) DEFINITION. In this section, “best management practices” means practices, techniques or measures that the department determines to be effective means of preventing or reducing pollutants of surface water generated from construction sites. (2) SOIL EROSION PREVENTION RULES. The department shall promulgate rules that establish standards for practices to prevent soil erosion related to the construction of one- and 2-family dwellings, subject to all of the following requirements: (a) At a minimum, the rules shall require the use of best management practices. (b) The rules shall require the use of more restrictive or additional practices on an area with a slope that is greater than 12 percent. (2m) RULES FOR ADMINISTRATION. The department shall promulgate rules for the administration of construction site ero-

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sion control under this subchapter by counties, cities, villages and towns, including provisions regarding the issuance of building permits and the collection and distribution of fees. (4) APPLICABILITY OF LOCAL SUBDIVISION REGULATION. All powers granted to a county, city, village or town under s. 236.45 may be exercised by it with respect to construction site erosion control regulation if the county, city, village or town has or provides a planning commission or agency. (5) MUNICIPAL RESPONSIBILITIES; DEPARTMENT REVIEW. (a) Each city, village, town or county that enforces those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion shall do all of the following: 1. Obtain the services of an inspector certified to conduct all inspections related to the soil erosion control standards under this section. 2. Obtain the services of a plan reviewer certified to review all erosion control plans submitted under this section. 3. Review erosion control plans, conduct inspections of erosion control practices and enforce the requirements of this section as provided in s. 101.65 (1) (d). 4. Complete the review of an erosion control plan no later than the 15th working day after the day that the erosion control plan is submitted. (b) The department shall review the construction site erosion control program for one- and 2-family dwellings of each city, village, town or county that enforces those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion to ascertain compliance with par. (a) and the rules promulgated under this section. This review shall include all of the following: 1. A performance audit of the erosion control program of the county, city, village or town. 2. A written determination by the department, issued every 5 years, of whether or not the county, city, village, or town complies with par. (a). (6m) REVIEW. The department and the department of natural resources shall enter into a memorandum of agreement that establishes a process for reviewing the standards established under sub. (2), periodically updating those standards and reviewing the training program. The memorandum of understanding shall ensure that local officials and other persons interested in the standards established under sub. (2) and the training program may participate in the process. (7) ENFORCEMENT; REMEDIES. (a) A county, city, village or town may submit orders to abate violations of those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion to the district attorney, the corporation counsel or the attorney general for enforcement. The district attorney, the corporation counsel or the attorney general may enforce those orders. (b) The department or a city, village, town or county may issue a special order directing the immediate cessation of work on a one- or 2-family dwelling until the necessary plan approval is obtained or until the site complies with the rules promulgated under sub. (2). (8) INAPPLICABILITY. This section does not apply to a construction site that has a land disturbance area that is one acre or more in area. History: 1991 a. 309; 2013 a. 20; 2017 a. 329. Cross-reference: See also s. SPS 321.125 and ch. SPS 360, Wis. adm. code.

101.654 Contractor certification; education. (1) (a) Subject to par. (b), no person may obtain a building permit unless the person annually obtains from the department a certificate of financial responsibility showing that the person is in compliance

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with sub. (2), completes the continuing education requirements described under sub. (1m), and furnishes to the issuer of the permit proof of completion of those continuing education requirements. (b) Paragraph (a) does not apply to an owner of a dwelling who resides or will reside in the dwelling and who applies for a building permit to perform work on that dwelling. (c) 1. In this paragraph, “license” means an occupational license, as defined in s. 101.02 (1) (a) 2. 2. The continuing education requirements under par. (a) and the rules promulgated by the department under sub. (1m) do not apply to any person who holds a current license issued by the department at the time that the person obtains a building permit if the work the person does under the permit is work for which the person is licensed. (1m) (a) The department shall promulgate rules establishing continuing education requirements for persons seeking to obtain a building permit under sub. (1) (a). (b) The rules promulgated under this subsection shall require all of the following: 1. Completion every 2 years of at least 12 hours of continuing education relevant to the professional area of expertise of the person seeking to obtain a building permit, approved by the department. The hours of continuing education required under this subdivision shall include a total of at least 4 hours of continuing education on construction laws and codes and contracts, liability, and risk management every 2 years. 2. Attendance at one or more professional meetings or educational seminars designed for both building contractors and building inspectors. 3. For a person who does not hold a certificate of financial responsibility on April 11, 2006, successful completion of an examination developed by the department on the continuing education courses required under this subsection. (c) The rules promulgated under this subsection may not require a person who holds a certificate of financial responsibility on April 11, 2006, to take an examination on the continuing education courses required under this subsection. (cm) The rules promulgated under this subsection may not require a person to take continuing education courses, or to take an examination on continuing education courses, that are not relevant to that person’s professional area of expertise. (d) Subject to the continuing education requirements under pars. (b) and (c), the rules promulgated under par. (a) may specify different continuing education course requirements for persons who hold a certificate of financial responsibility on April 11, 2006, and for persons who do not hold a certificate of financial responsibility on April 11, 2006. (e) The department may approve continuing education courses that are offered by other states. (f) A provider of a continuing education course approved by the department under this subsection shall do all of the following: 1. Submit to the department test questions related to the course. 2. After each occasion that a person completes the course over the Internet, submit to the department verification that the person completed the course and any test related to the course. (2) An applicant for a certificate of financial responsibility shall provide to the satisfaction of the department proof of all of the following: (a) That the applicant has in force one of the following: 1. A bond endorsed by a surety company authorized to do business in this state of not less than $5,000, conditioned upon the applicant complying with all applicable provisions of the one-

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and 2-family dwelling code and any ordinance enacted under s. 101.65 (1) (a). 2. A policy of general liability insurance insuring the applicant in the amount of at least $250,000 per occurrence because of bodily injury to or death of others or because of damage to the property of others and issued by one of the following: a. An insurer authorized to do business in this state. b. An insurer that is eligible to provide insurance as a surplus lines insurer in one or more states. (b) If the applicant is required under s. 102.28 (2) (a) to have in force a policy of worker’s compensation insurance or if the applicant is self-insured in accordance with s. 102.28 (2) (b) or (bm), that the applicant has in force a policy of worker’s compensation insurance issued by an insurer authorized to do business in this state or is self-insured in accordance with s. 102.28 (2) (b) or (bm). (c) If the applicant is required to make state unemployment insurance contributions under ch. 108 or is required to pay federal unemployment compensation taxes under 26 USC 3301 to 3311, that the applicant is making those contributions or paying those taxes as required. (2m) If an applicant wishes to use a bond under sub. (2) (a) 1. of less than $25,000 to comply with sub. (2) (a), the applicant shall agree not to perform any work on a dwelling for which the estimated cost of completion is greater than the amount of the bond. The department shall indicate any restriction under this subsection on the certificate of financial responsibility issued under sub. (3). (3) (a) Upon receipt of all of the following, the department shall issue to the applicant a certificate of financial responsibility: 1. The proof required under sub. (2). 2. The fee required by rules promulgated under s. 101.63 (2m). 3. Proof of completing at least 12 hours in an educational course approved by the department that satisfies all of the following: a. The educational course consists of in-person or online instruction. b. The provider of the educational course requires the applicant to show photo identification to register attendance for the course. c. The educational course includes instruction on accounting, lien law, ethics, and best business practices. (b) A certificate of financial responsibility issued under this subsection is valid for one year after the date of issuance, unless sooner suspended or revoked. (4) (a) A bond or insurance policy required under sub. (2) may not be canceled by the person insured under the bond or policy or by the surety company or insurer except on 30 days’ prior written notice served on the department in person or by 1st class mail or, if the cancellation is for nonpayment of premiums to the insurer, on 10 days’ prior written notice served on the department in person or by 1st class mail. The person insured under the bond or policy shall file with the department proof to the satisfaction of the department of a replacement bond or replacement insurance within the 30-day notice period or 10-day notice period, whichever is applicable, and before the expiration of the bond or policy. The department shall suspend without prior notice or hearing the certificate of financial responsibility of a person who does not file satisfactory proof of a replacement bond or replacement insurance as required by this subsection. (b) A bond under sub. (2) (a) 1. shall be executed in the name of the state for the benefit of any person who sustains a loss as a

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result of the person insured under the bond not complying with an applicable provision of the one- and 2-family dwelling code or any ordinance enacted under s. 101.65 (1) (a), except that the aggregate liability of the surety to all persons may not exceed the amount of the bond. (5) The department may revoke or suspend a certificate of financial responsibility if any of the following apply: (a) The holder fails to comply with the continuing education requirements specified under subs. (1) and (1m). (b) The holder engages in the construction of a dwelling without a permit required under this chapter. (c) The holder is convicted of a crime related to the construction of a dwelling. (d) The holder has been adjudged bankrupt on 2 or more occasions. History: 1993 a. 126; 1995 a. 392; 1997 a. 39; 2005 a. 200; 2007 a. 14; 2009 a. 276; 2015 a. 55, 180; 2017 a. 16, 331; 2021 a. 237. Cross-reference: See also ss. SPS 305.31 and 305.315, Wis. adm. code. A particular municipal licensure requirement may be preempted if that requirement logically conflicts with, defeats the purpose of, or violates the spirit of state contractor financial responsibility and continuing education requirements. Ordinances requiring local licensure are preempted if they impose on persons seeking a building permit for one- or two-family dwellings greater financial responsibility, education, or examination requirements than required by state law. OAG 6-10.

101.66 Compliance and penalties. (1) Except as provided in subs. (1m) and (1r), every builder, designer, and owner shall use building materials, methods, and equipment which are in conformance with the one- and 2-family dwelling code. (1m) (a) No person may use in a one- or 2-family dwelling load-bearing dimension lumber that has not been tested and approved for conformance as required by the department unless the lumber is approved for use under par. (c) and one of the following applies: 1. The lumber has been milled at the request of the person owning the lumber for use in the construction of the dwelling, and the dwelling will be inhabited by the person owning the lumber. 2. The person milling the lumber sells the lumber directly to a person who will inhabit the dwelling or to a person acting on his or her behalf and for whom a building permit has been issued for the dwelling. (b) The lumber shall be milled so that it meets or exceeds the requirements of the one- and 2-family dwelling code. The person milling the lumber shall provide to the person receiving the lumber a written certification that the lumber meets or exceeds these requirements. The department shall design and provide forms for this purpose. (bn) A person may not provide a written certification under par. (b) unless the person has been issued a certificate of accomplishment evidencing certification or recertification under the lumber grading training program under s. 36.25 (48) and the person has received the certificate within the 5 years before providing the written certification. The person shall attach to the written certification a copy of his or her certificate of accomplishment. (c) Upon receipt of a copy of the certification required under par. (b) an inspector who is certified under sub. (2) may either authorize the use of the lumber, reject the use of the lumber, or authorize its use subject to more restrictive construction requirements, including requirements as to size, spacing, length of spans, and design. (1r) A builder, designer, or owner is not required to comply with those requirements of the one- and 2-family dwelling code for which a waiver is issued under s. 101.648. (2) All inspections shall be by persons certified by the department. (3) Whoever violates this subchapter shall forfeit to the state

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not less than $25 nor more than $500 for each violation. Each day that such violation continues constitutes a separate offense. History: 1975 c. 404; 2007 a. 208; 2009 a. 180; 2015 a. 55. Cross-reference: See also s. SPS 305.63, Wis. adm. code.

SUBCHAPTER III MODULAR HOME CODE

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lar home code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings. Such rules shall take into account the costs to home buyers of specific code provisions in relation to the benefits derived therefrom. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. History: 1975 c. 405; 2007 a. 11; 2015 a. 29.

101.70 Purpose. The purpose of this subchapter is to establish statewide standards and inspection procedures for the manufacture and installation of modular homes and to promote interstate uniformity in standards for modular homes by authorizing the department to enter into reciprocal agreements with other states that have equivalent standards. History: 1975 c. 405; 2007 a. 11. Cross-reference: See also s. SPS 305.327 and chs. SPS 320, 321, 322, 323, 324, and 325, Wis. adm. code.

101.71 Definitions. In this subchapter: (1) “Closed construction” means any building, building component, assembly or system manufactured in such a manner that it cannot be inspected before installation at the building site without disassembly, damage or destruction. (2) “Dwelling” means any building that contains one or more dwelling units. “Dwelling unit” means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. (3) “Insignia” means a device or seal approved by the department to certify compliance with this subchapter. (4) “Installation” means the assembly of a modular home onsite and the process of affixing a modular home to land, a foundation, footing, or an existing building. (5) “Manufacture” means the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished, semifinished or finished materials. (6) (a) “Modular home” means any structure or component thereof which is intended for use as a dwelling and: 1. Is of closed construction and fabricated or assembled onsite or off-site in manufacturing facilities for installation, connection, or assembly and installation, at the building site; or 2. Is a building of open construction which is made or assembled in manufacturing facilities away from the building site for installation, connection, or assembly and installation, on the building site and for which certification is sought by the manufacturer. (b) “Modular home” does not mean any manufactured home under s. 101.91 or any building of open construction which is not subject to par. (a) 2. (7) “Open construction” means any building, building component, assembly or system manufactured in such a manner that it can be readily inspected at the building site without disassembly, damage or destruction. History: 1975 c. 405; 1979 c. 89; 1983 a. 27, 189; 1989 a. 109; 1999 a. 53; 2007 a. 11.

101.715 Application. This subchapter applies to a dwelling the initial construction of which was commenced on or after December 1, 1978, except that s. 101.745 applies to a modular home the initial manufacture of which was commenced on or after May 23, 1978. History: 1989 a. 109; 2007 a. 11.

101.72 Uniform dwelling code council. The uniform dwelling code council shall review the standards and rules for modular homes for dwellings and recommend a statewide modu-

101.73 Departmental duties. The department shall: (1) Adopt rules which establish standards for the use of building materials, methods and equipment in the manufacture and installation of modular homes for use as dwellings or dwelling units. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems. Such rules shall take into account the conservation of energy in construction and maintenance of dwellings and the costs to home buyers of specific code provisions in relation to the benefits derived therefrom. (2) Adopt rules for the examination of plans and specifications and for periodic in-plant and on-site inspections of manufacturing facilities, processes, fabrication, assembly and installation of modular homes to ensure that examinations and inspections are made in compliance with the rules adopted for construction, electrical wiring, heating, ventilating, air conditioning and other systems under ss. 101.70 to 101.77 and with the rules for indoor plumbing adopted by the department under ch. 145. (3) Provide for examination of plans and specifications and in-plant inspections when contracted for by the manufacturer under s. 101.75 (1) and shall contract to provide on-site inspection services for the installation of modular homes for dwellings, at municipal expense, for any municipality which requires such service under s. 101.76 or 101.761. (5) Adopt rules for the certification, including provisions for suspension and revocation thereof, of on-site inspectors of the installation of modular homes for dwellings. Persons certified as on-site inspectors may be employees of the department, a city, village, town or county or an independent agency. (6) Adopt rules for the certification, including provisions for suspension and revocation thereof, of independent inspection agencies to conduct in-plant inspections of manufacturing facilities, processes, fabrication and assembly of modular homes for dwellings and to certify compliance with this subchapter. (7) Issue or recognize an insignia of compliance for dwellings which conform to the modular home code. (8) Biennially review the rules promulgated under this subchapter. (9) Issue special orders which it deems necessary to secure compliance with this subchapter and enforce the same by all appropriate administrative and judicial proceedings. (10) Prescribe and furnish to municipalities a standard building permit form for all new one- and 2-family dwellings. (11) Hear petitions regarding the modular home code, rules and special orders in accordance with s. 101.02 (6) (e) to (i) and (8). (12) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter. History: 1975 c. 405; 1979 c. 221; 1981 c. 20; 1983 a. 27; 1987 a. 343; 1993 a. 414; 2007 a. 11, 67. Cross-reference: See also ch. SPS 316, Wis. adm. code.

101.74 Departmental powers. The department may: (1) Hold hearings on any matter relating to this subchapter.

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(2) At the request of the owner or renter enter, inspect and examine dwellings, dwelling units and premises necessary to ascertain compliance with the rules and special orders under this subchapter. (2m) Study the operation of the dwelling construction code and other laws related to the construction of dwelling units to determine their impact upon the cost of building construction and their effectiveness upon the health, safety and welfare of the occupants. (3) Revise the rules under this subchapter after consultation with the uniform dwelling code council. (4) Provide for or engage in the testing, approval and certification of materials, devices and methods for the manufacture or installation of modular homes. (5) Collect and publish data secured from the examinations and inspections under s. 101.73 (2) and (3), and from building permits. (6) Adopt rules prescribing procedures for approving new building materials, devices and methods for the manufacture or installation of modular homes for dwellings. (7) Enter into reciprocal agreements with other states regarding the design, construction, inspection and labeling of modular homes where the laws or rules of other states meet the intent of the modular home code and the rules promulgated under this subchapter. History: 1975 c. 405; 2007 a. 11; 2015 a. 29.

101.743 Certain rules prohibited. The department may not promulgate or enforce a rule that requires any manufactured building that uses electricity for space heating to be superinsulated. History: 2007 a. 67.

101.745 Smoke detectors. (1) DEFINITION. The definition of smoke detector under s. 101.145 (1) (c) also applies to this section. (2) APPROVAL. A smoke detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization. (3) INSTALLATION. A smoke detector required under this section shall be installed according to the directions and specifications of the manufacturer. (4) REQUIREMENT. The manufacturer of a modular home shall install a functional smoke detector on each floor level except the attic or storage area of each dwelling unit. History: 1977 c. 388; 1983 a. 189 s. 329 (4); 1987 a. 376; 1989 a. 109; 2007 a. 11; 2011 a. 146.

101.75

Inspections, insignia and alterations. (1) INSPECTIONS AND COMPLIANCE. Manufacturers of modular homes shall contract with a certified independent inspection agency or the department to conduct in-plant inspections and certify compliance with this subchapter. Manufacturers shall reimburse the independent inspection agency in accordance with the terms of the contract or reimburse the department in accordance with fees established under s. 101.73 (12). All inspections shall be performed by persons certified by the department. (2) DISPLAY OF INSIGNIA REQUIRED. All modular homes manufactured, sold for initial use or installed within this state shall display, in a manner determined by the department, the insignia issued or recognized under ss. 101.73 (7) and 101.74 (7). All modular homes bearing such insignia shall be deemed to comply with the requirements of all building ordinances and regulations of any local government except those related to zoning

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and siting requisites including but not limited to building setback, side and rear yard requirements and property line requirements. (3) DEPARTMENT APPROVAL OF ALTERATIONS. No person shall alter an approved modular home in any way prior to or during installation without the approval of the department. (4) COUNTERFEIT INSIGNIA. No person may falsely or fraudulently make, forge, alter or counterfeit any insignia issued or recognized under ss. 101.73 (7) and 101.74 (7). History: 1975 c. 405; 2007 a. 11.

101.76 Municipal authority. Except as provided by s. 101.761, cities, villages, towns and counties: (1) May: (a) With the approval of the department, exercise jurisdiction over the installation of modular homes for dwellings by passage of ordinances, provided such ordinances are in strict conformance with this subchapter and the on-site inspection is performed by persons certified by the department. Except as provided by s. 101.761, a county ordinance shall apply in any city, village or town which has not enacted such ordinance. (b) Under s. 66.0301, jointly exercise the jurisdiction granted under par. (a). (c) By ordinance establish and collect fees to defray the cost of jurisdiction exercised under par. (a) or (b). (d) By ordinance provide remedies and penalties for violation of the jurisdiction exercised under par. (a) or (b). (2) Shall contract with the department for on-site installation inspection services which the municipality does not perform under sub. (1) (a) or (b) and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services pursuant to s. 101.73 (12). (3) Shall use the standard building permit form prescribed by the department and file a copy of each such permit issued with the department. History: 1975 c. 405; 1981 c. 20; 1999 a. 150 s. 672; 2007 a. 11. Cross-reference: See also s. SPS 320.06, Wis. adm. code.

101.761 Certain municipalities excepted. (1) In this section, “municipality” means a city, village or town with a population of 2,500 or less. (2) Except as provided under sub. (6), a municipality is exempt from: (a) The requirements under s. 101.76 (2). (b) Any rule adopted under s. 101.73 regarding suspension or revocation of standard building permits. (3) The department or a county may not enforce this subchapter or an ordinance adopted under s. 101.76 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular modular home or by the municipality. A request by a person or a municipality with respect to a particular modular home does not give the department or a county authority with respect to any other modular home. Costs shall be collected under s. 101.76 (1) (c) or ss. 101.73 (12) and 101.76 (2) from the person or municipality making the request. (4) Municipalities shall furnish statistical data relating to housing starts to the department as requested by the department. (5) This section does not affect the applicability of or ordinances adopted under this subchapter to manufacturers, builders and owners of modular homes located in a municipality. (6) Any dwelling not inspected under s. 101.76 shall comply with the rules adopted under s. 101.73 (1) which take into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to

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home buyers in relationship to the benefits derived from the provisions. History: 1981 c. 20, 314; 1989 a. 31; 1997 a. 35; 2007 a. 11.

101.77 Penalties. Whoever violates this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation and each day that such violation continues constitutes a separate offense. History: 1975 c. 405.

SUBCHAPTER IV ELECTRICAL WIRING AND ELECTRICIANS 101.80 Definitions. In this subchapter: (1g) “Electric cooperative” means a cooperative association organized under ch. 185 for the purpose of generating, distributing, or furnishing electric energy at retail or wholesale to its members only. (1j) “Electricity provider” means a public utility, an electric cooperative, or a wholesale merchant plant operator. (1m) “Electrical wiring” means all equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used for the production, modification, regulation, control, distribution, utilization, or safeguarding of electrical energy for mechanical, chemical, cosmetic, heating, lighting, or similar purposes, as specified under the state electrical wiring code. “Electrical wiring” does not include the equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used by a public utility, an electric cooperative, or a wholesale merchant operator for the purpose of generating, transmitting, distributing, or controlling heat, light, power, or natural gas to its customers or members. (1p) “Manufacturing facility” means a facility assessed as manufacturing property under s. 70.995. (1r) “Municipality” means a city, town, village, or county. (3) “Public utility” has the meaning given in s. 196.01 (5). (4) “State electrical wiring code” means the rules promulgated under s. 101.82 (1) for electrical wiring. (5) “Wholesale merchant plant operator” means the operator of a wholesale merchant plant, as defined in s. 196.491 (1) (w). History: 1979 c. 309; 1983 a. 189; 1995 a. 27; 2007 a. 63; 2013 a. 143; 2017 a. 136.

101.82 Departmental duties. The department shall: (1) Promulgate by rule a state electrical wiring code that establishes standards for installing, repairing, and maintaining electrical wiring. The rules shall include separate standards, established in consultation with the uniform dwelling code council, that apply only to electrical wiring in camping units that are set in a fixed location in a campground for which a permit is issued under s. 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. The rules do not apply to electrical wiring in primitive rural hunting cabins, as defined in s. 101.61 (3). The standards established in the rules shall also take into account the uses, including seasonal use, that are unique to recreational and educational camps, as defined in s. 101.053 (1). Where feasible, the rules shall reflect nationally recognized standards. (1g) Regulate all of the following types of electricians: (a) Master electricians, including residential master electricians. (b) Journeyman electricians, including residential journeyman electricians and industrial journeyman electricians. (c) Electrical apprentices, including residential electrical apprentices and industrial electrical apprentices.

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(d) Registered electricians. (1m) Promulgate rules that establish criteria for the enrollment of registered electricians and for the registration of electrical apprentices. (1n) Promulgate rules that establish procedures for the enrollment of registered electricians, the registration of electrical apprentices, and the licensing of journeyman electricians and master electricians. (1r) Promulgate rules that establish requirements for the supervision of registered electricians. Registered electricians must be supervised by licensed journeyman or master electricians. (1v) Promulgate rules that establish criteria and procedures for the licensing of electrical contractors. (2) Promulgate rules that establish criteria and procedures for the certification of electrical inspectors for the purpose of inspecting electrical wiring. (2m) Promulgate rules that establish standards and a process for the inspection of electrical wiring, including the inspection of electrical wiring for which a municipality does not provide inspection under s. 101.86 (1). (3r) Promulgate rules that establish criteria and a process for the suspension or revocation of registrations issued to registered electricians, licenses issued to electricians and electrical contractors, and certifications issued to electrical inspectors. (4) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter. History: 1979 c. 309; 1989 a. 348; 1995 a. 27; 2007 a. 63; 2013 a. 143; 2015 a. 49; 2017 a. 59, 366; 2019 a. 130. Cross-reference: See also chs. SPS 316 and 327, Wis. adm. code.

101.84 Departmental powers. The department may: (1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings, except that the department shall conduct hearings related to occupational licenses, as defined in s. 101.02 (1) (a) 2., as provided in s. 101.022. (3) Promulgate rules to differentiate the scope of installation, repair, or maintenance of electrical wiring that may be performed by electrical contractors, registered electricians, journeyman electricians, master electricians, and any additional types of electricians recognized under sub. (5). (5) The department may promulgate rules that recognize and regulate different types and subtypes of electricians that are in addition to those specified in s. 101.82 (1g) and that establish criteria and procedures for enrolling, registering, or licensing these electricians. History: 1979 c. 309; 2007 a. 63; 2013 a. 143; 2017 a. 331.

101.86 Municipal authority. (1) Municipalities may: (a) Enact an electrical code or otherwise exercise jurisdiction over electrical wiring and inspection of electrical wiring by enactment of ordinances, provided that the electrical code or ordinance strictly conforms with the state electrical wiring code promulgated by the department under s. 101.82 (1). A county ordinance shall apply in any city, village or town which has not enacted such an ordinance. (b) Under s. 66.0301, jointly exercise the jurisdiction granted under par. (a). (c) By ordinance, establish and collect fees to defray the cost of jurisdiction exercised under par. (a) or (b). (d) By ordinance, provide remedies and penalties for violation of the jurisdiction exercised under par. (a) or (b). (3) (a) The cost of inspection services provided by any county that has enacted an ordinance under sub. (1), if not defrayed by fees, shall be charged to or taxed against the property

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within those cities, villages, and towns in the county that have not enacted an ordinance under sub. (1). (b) No part of the cost of inspection services, if not defrayed by fees, may be charged to or taxed against the property within any city, village, or town that has enacted an ordinance under sub. (1). History: 1979 c. 309; 1999 a. 150 s. 672; 2007 a. 63; 2015 a. 55.

101.861 Municipal licensing authority. (1) Any ordinance enacted by a municipality that relates to licensure or certification of electrical contractors or electricians pursuant to the municipality’s authority under s. 101.865, 2005 stats., or s. 101.87, 2005 stats., and that is in existence on March 19, 2008, shall remain in effect until April 1, 2014, but may not be amended or repealed during this time period. Beginning on April 1, 2014, such an ordinance is no longer in effect, and municipalities may no longer impose any registration, licensing, or certification requirements on electrical contractors, electricians, or electrical inspectors. (2) Beginning on March 28, 2013, and ending on March 31, 2014, all of the following apply: (a) Any municipal ordinance that was in existence on March 19, 2008, and that imposed any licensing, registration, or certification requirements on electrical contractors, electricians, or electrical inspectors shall not apply to electrical contractors, electricians, or electrical inspectors who are licensed, registered, or certified by the department under this subchapter. (b) A municipality that had an ordinance in existence on March 19, 2008, for licensing, registering, or certifying electrical contractors, electricians, or electrical inspectors may issue and renew licenses, registrations, or certifications but such licenses, registrations, and certifications are not valid after March 31, 2014. History: 2007 a. 63; 2013 a. 4.

101.862 License or registration required. (1) No person may engage in the business of installing, repairing, or maintaining electrical wiring unless the person is licensed as an electrical contractor by the department. (2) No person may install, repair, or maintain electrical wiring unless the person is licensed as an electrician by the department or unless the person is enrolled as a registered electrician by the department. (3) No person who is not a master electrician may install, repair, or maintain electrical wiring unless a master electrician is at all times responsible for the person’s work. (4) Subsections (1) to (3) do not apply to any of the following: (a) A residential property owner who installs, repairs, or maintains electrical wiring on premises that the property owner owns and occupies as a residence, unless a license or registration issued by the department is required by local ordinance. (am) A person engaged in installing electrical wiring within an existing industrial facility or existing manufacturing facility owned or leased by the person or by an entity for which the person is an agent or employee. (b) A person engaged in maintaining or repairing electrical wiring within an existing facility or on premises owned or leased by the person or by an entity for which the person is an agent or employee. (c) A person engaged in installing, repairing, or maintaining electrical wiring, apparatus, or equipment for elevators and escalators. (d) A person engaged in installing, repairing, or maintaining equipment or systems that operate at 100 volts or less. (e) A person engaged in installing, repairing, or maintaining

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an electronic system designed to monitor a premises for the presence of an emergency, to issue an alarm for an emergency, or to detect and summon aid for an emergency. (f) A person engaged in installing, repairing, or maintaining electrical wiring of facilities that support telecommunications service, as defined in s. 182.017 (1g) (cq), that is provided by a telecommunications provider, as defined in s. 196.01 (8p). (g) A person engaged in installing, repairing, or maintaining manufactured equipment or utilization equipment, including ballasts, electric signs and luminaires, or any other manufactured system that is designed to provide a function that is not primarily electrical in nature if the installation, repair, or maintenance only involves the modification or installation of conductors that are considered part of the equipment or system under this paragraph. For purposes of this paragraph, any conductor going from the disconnecting point or the nearest junction, pull, or device box to the manufactured equipment or utilization equipment or the manufactured system is considered part of the equipment or system. (h) A person engaged in installing electrical wiring for components of a manufactured home, as defined in s. 101.91 (2), or a manufactured building, as defined in s. 101.71 (6), while the manufactured home or the manufactured building is at or in the facility at which it is being manufactured. (i) A person employed by an electricity provider, or a subcontractor of an electricity provider, who installs, repairs, or maintains electrical wiring for equipment that is installed in the normal course of providing utility services by the electricity provider. (j) A person engaged in installing, repairing, or maintaining electrical wiring that provides lighting or signals for public thoroughfares and for public airports. (k) A person engaged in installing, repairing, or maintaining electric lines on the utility side of substations and other distribution facilities owned or operated by customers or members of electricity providers. (L) A person employed by an electricity provider, or a subcontractor of an electricity provider, who installs, repairs, or maintains primary voltage electric facilities that are owned by the electricity provider’s customers or members and that operate at greater than 600 volts. (m) A person employed by an electricity provider, or a subcontractor of an electricity provider, who restores service during an emergency. (n) A person who installs a replacement for an existing switch or outlet if the replacement switch or outlet has a rating of not more than 20 amperes. (p) A person engaged in installing, repairing, or maintaining a private on-site wastewater treatment system, as defined in s. 145.01 (12), if the activity only involves installing or modifying a conductor going from the system’s junction, pull, or device box to the nearest disconnecting point and the conductor is buried with the system. (q) A person engaged in installing, repairing, or maintaining a pump for a well if the activity only involves installing or modifying a conductor going from the pump’s junction, pull, or device box to the nearest disconnecting point and the conductor is buried with the pump. (5) (a) Subsections (2) and (3) do not apply to a person who was born on or before January 1, 1956, and who has at least 15 years of experience in installing, repairing, or maintaining electrical wiring, subject to par. (b). (b) The department shall promulgate rules establishing criteria and procedures for issuing licenses to electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical

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wiring. Upon promulgation of these rules, an electrician who meets these age and experience requirements may not install, repair, or maintain electrical wiring unless he or she is licensed in compliance with these rules or is otherwise licensed or registered as an electrician under this subchapter. (6) (a) Subsections (2) and (3) do not apply to a person who installs electrical wiring, without receiving payment or other consideration, in a new one-family or 2-family dwelling that is being constructed by a qualified nonprofit corporation. (b) For purposes of par. (a), a qualified nonprofit corporation is one that meets all of the following conditions: 1. The corporation is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code. 2. The corporation has as its purpose the construction and rehabilitation of residential dwellings in a specific community or area. History: 2007 a. 63; 2013 a. 4 s. 2; 2013 a. 125, 143; 2015 a. 55.

101.868 Requirements for master electricians. (1) An applicant for licensure as a master electrician shall have at least one of the following qualifications: (a) A bachelor’s degree or master’s degree in electrical engineering, followed by passage of an examination required by the department. (b) Twelve months of experience in installing, repairing, and maintaining electrical wiring while being licensed as a journeyman electrician, followed by passage of an examination required by the department. (c) Experience in installing, repairing, and maintaining electrical wiring during a period of not less than 60 months, with at least 10,000 hours of experience over that period, followed by passage of an examination required by the department. (2) Subsection (1) does not apply to any residential master electrician or to any other type of master electrician that may be recognized under s. 101.84 (5). The qualifying criteria required for licensing residential master electricians and any other such type of master electrician shall be established by the department by rule. History: 2013 a. 143.

101.87 Requirements for journeyman electricians. (1) An applicant for licensure as a journeyman electrician shall have at least one of the following qualifications: (a) Completion of a construction electrician apprenticeship program in installing, repairing, and maintaining electrical wiring that has a duration of at least 3 years and that is approved by the U.S. department of labor or by the department of workforce development, followed by passage of an examination required by the department. (b) Experience in installing, repairing, and maintaining electrical wiring during a period of not less than 48 months, with at least 8,000 hours of experience over that period, followed by passage of an examination required by the department. (2m) For purposes of meeting the requirement relating to experience under sub. (1) (b), a degree or diploma from a 2-year program in a school of electrical engineering or from a 2-year program in an accredited technical or vocational school in an electrical-related program shall be accepted by the department as being equivalent to 12 months and 2,000 hours of experience. (3m) Subsection (1) does not apply to any residential or industrial journeyman electricians or to any other type of journeyman electrician that may be recognized under s. 101.84 (5). The qualifying criteria required for licensing residential and industrial

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journeyman electricians and any other such type of journeyman electrician shall be established by the department by rule. History: 1983 a. 164; 1989 a. 348; 1993 a. 112; 2007 a. 63; 2013 a. 143. Cross-reference: See also ss. SPS 305.40, 305.41, 305.43, 305.44, and 305.45, Wis. adm. code.

101.874 Reciprocity. (1) In this section, “credential” means a registration, license, certification, or other approval to perform or inspect electrical work. (2) The department may enter into a reciprocal agreement with another state under which credentials issued to electricians, electrical apprentices, electrical contractors, and electrical inspectors by either state are recognized as comparable credentials by the other state. Under the agreement, the department may recognize credentials from the other state only if the education, experience, and examination requirements in the other state are at least equivalent to the education, experience, and examination requirements for being issued credentials under this subchapter. (3) Upon entering into an agreement under this section, the department may issue a credential only if all of the following apply: (a) The individual seeking the credential submits an application and pays the applicable fee established under s. 101.82 (4). (b) The individual holds a valid comparable credential issued by the other state. History: 2013 a. 143.

101.875 Inspections. (1) All inspections of electrical wiring shall be performed by inspectors certified by the department. (2) Any rule promulgated under s. 101.82 (2m) may not require the inspection of any of the installation, repair, or maintenance of electrical wiring within an existing industrial facility or an existing manufacturing facility unless the plan for the installation, repair, or maintenance is required to be examined under s. 101.12 (2) by the department or by a municipality that has its examinations accepted by the department under s. 101.12 (3) (a), (am), or (b). History: 2013 a. 143 ss. 25 to 27. Cross-reference: See also s. SPS 305.62, Wis. adm. code.

101.88 Compliance and penalties. (1) Every person installing, repairing, or maintaining electrical wiring shall use materials, methods, and equipment that are in conformance with the rules promulgated by the department under this subchapter. (3) Any person who violates this subchapter or any rule promulgated under this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation. Each day of violation constitutes a separate offense. History: 1979 c. 309; 1983 a. 164; 2007 a. 63; 2013 a. 143.

SUBCHAPTER V MANUFACTURED HOMES AND MOBILE HOMES 101.91 Definitions. In this subchapter: (1g) “Delivery date” means the date on which a manufactured home is physically delivered to the site chosen by the owner of the manufactured home. (1i) “Installation standards” means specifications for the proper installation of manufactured homes at their place of occupancy to ensure proper siting, the joining of all sections of the manufactured home, connection to existing utility services and the installation of stabilization, support, or anchoring systems. (1j) “Installer” means a person who is in the business of installing new manufactured homes.

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(1m) “License period” means the period during which a license issued under s. 101.951 or 101.952 is effective, as established by the department under s. 101.951 (2) (b) 1. or 101.952 (2) (b) 1. (1t) “Licensed installer” means an installer licensed under s. 101.96 (2) (b). (1v) “Licensed manufacturer” means a manufactured home manufacturer licensed under s. 101.95. (2) “Manufactured home” means any of the following: (am) A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under 42 USC 5401 to 5425. (c) A mobile home, unless a mobile home is specifically excluded under the applicable statute. (3) “Manufactured home dealer” means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in, manufactured homes or who is engaged wholly or partially in the business of selling manufactured homes, whether or not the manufactured homes are owned by the person, but does not include: (a) A receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court. (b) Any public officer while performing that officer’s official duty. (c) Any employee of a person enumerated in par. (a) or (b). (d) Any lender, as defined in s. 421.301 (22). (e) A person transferring a manufactured home used for that person’s personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor. (4) “Manufactured home owner” means any person who purchases, or leases from another, a manufactured home primarily for use for personal, family or household purposes. (5m) “Manufactured home community” means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. “Manufactured home community” does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the manufactured homes work on the farm. (6m) “Manufactured home community contractor” means a person, other than a public utility, as defined in s. 196.01 (5) (a), who, under a contract with a manufactured home community operator, provides water or sewer service to a manufactured home community occupant or performs a service related to providing water or sewer service to a manufactured home community occupant. (7) “Manufactured home community occupant” means a person who rents or owns a manufactured home in a manufactured home community. (8) “Manufactured home community operator” means a person engaged in the business of owning or managing a manufactured home community. (9) “Manufactured home salesperson” means any person who is employed by a manufactured home manufacturer or manufactured home dealer to sell or lease manufactured homes. (10) “Mobile home” means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with

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walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. “Mobile home” includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer’s warranty. (11) “New manufactured home” means a manufactured home that has never been occupied, used or sold for personal or business use. (12) “Used manufactured home” means a manufactured home that has previously been occupied, used or sold for personal or business use. History: 1973 c. 116, 132; 1983 a. 27, 192; 1995 a. 362; 1999 a. 9, 53; 2001 a. 16 ss. 2533 to 2539, 2975 to 2977; 2001 a. 102; 2005 a. 45.

101.92 Departmental powers and duties. The department: (3) Shall review annually the rules adopted under this subchapter. (4) Shall provide for announced or unannounced inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes to ensure compliance with the rules adopted under this subchapter. (6) May enter into reciprocal agreements with other states regarding the inspection, installation, and labeling of manufactured homes where the laws or rules of other states meet the intent of this subchapter and where the laws or rules are actually enforced. (7) Shall establish a staff for the administration and enforcement of this subchapter. (8) May revoke the license of any manufacturer who violates this subchapter or any rules promulgated thereunder. (9) Shall promulgate rules and establish standards necessary to carry out the purposes of ss. 101.951 and 101.952. History: 1973 c. 116; 1979 c. 221; 1983 a. 27 ss. 1375pr, 1375q, 2200 (25); 1995 a. 27, 362; 1999 a. 9, 53; 2005 a. 45. Cross-reference: See also s. SPS 305.32, Wis. adm. code.

101.9202 Excepted liens and security interests. Sections 101.9203 to 101.9218 do not apply to or affect: (1) A lien given by statute or rule of law to a supplier of services or materials for the manufactured home. (2) A lien given by statute to the United States, this state or any political subdivision of this state. (3) A security interest in a manufactured home created by a manufactured home dealer or manufacturer who holds the manufactured home for sale, which shall be governed by the applicable provisions of ch. 409. History: 1999 a. 9, 53.

101.9203 When certificate of title required. (1) Except as provided in subs. (3) and (4), the owner of a manufactured home situated in this state or intended to be situated in this state shall make application for certificate of title under s. 101.9209 for the manufactured home if the owner has newly acquired the manufactured home. (2) Any owner who situates in this state a manufactured home for which a certificate of title is required without the certificate of title having been issued or applied for, knowing that the certificate of title has not been issued or applied for, may be required to forfeit not more than $200. A certificate of title is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed and with postage prepaid. (3) Unless otherwise authorized by rule of the department, a nonresident owner of a manufactured home situated in this state may not apply for a certificate of title under this subchapter un-

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less the manufactured home is subject to a security interest or except as provided in s. 101.9209 (1) (a). (4) The owner of a manufactured home that is situated in this state or intended to be situated in this state is not required to make application for a certificate of title under s. 101.9209 if the owner of the manufactured home intends, upon acquiring the manufactured home, to make the manufactured home a fixture to land in which the owner of the manufactured home has an ownership or leasehold interest subject to ch. 706. History: 1999 a. 9, 53; 2001 a. 16; 2005 a. 45.

101.9204 Application for certificate of title. (1) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee. Each application for certificate of title shall include the following information: (a) The name and address of the owner. (b) A description of the manufactured home, including make, model, identification number and any other information or documentation that the department may reasonably require for proper identification of the manufactured home. (c) The date of purchase by the applicant, the name and address of the person from whom the manufactured home was acquired and the names and addresses of any secured parties in the order of their priority. (d) If the manufactured home is a new manufactured home being titled for the first time, the signature of the manufactured home dealer. The document of origin shall contain the information specified by the department. (e) Any further evidence of ownership which the department may reasonably require to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the manufactured home. (f) If the identification number of the manufactured home has been removed, obliterated or altered, or if the original casting has been replaced, or if the manufactured home has not been numbered by the manufacturer, the application for certificate of title shall so state. (g) If the manufactured home is a used manufactured home that was last previously titled in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement, in the form prescribed by the department, pertaining to the title history and ownership of the manufactured home. (1m) On the form or in the automated format for application for a certificate of title, the department may show the fee under s. 101.9208 (4m) separately from the fee under s. 101.9208 (1) or (4). (2) Any person who knowingly makes a false statement in an application for a certificate of title is guilty of a Class H felony. History: 1999 a. 9, 53, 185; 2001 a. 38, 109; 2005 a. 45, 253.

101.9205 When department to issue certificate and to whom; maintenance of records. (1) The department shall maintain a record of each application for certificate of title received by it and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue and deliver a certificate to the owner of the manufactured home. (2) The department shall maintain a record of all applications, and all certificates of title issued by the department, indexed in the following manners: (a) According to title number. (b) Alphabetically, according to the name of the owner.

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(c) In any other manner that the department determines to be desirable. (3) The department shall establish, by rule under s. 101.19, a fee of not less than $2 for conducting a file search of manufactured home title records. History: 1999 a. 9, 53, 185; 2005 a. 45.

101.9206 Contents of certificate of title. (1) Each certificate of title issued by the department shall contain all of the following: (a) The name and address of the owner. (b) The names of any secured parties in the order of priority as shown on the application or, if the application is based on another certificate of title, as shown on that certificate. (c) The title number assigned to the manufactured home. (d) A description of the manufactured home, including make, model and identification number. (e) Any other data that the department considers pertinent and desirable. (2) (a) The certificate of title shall contain spaces for all of the following: 1. Assignment and warranty of title by the owner. 2. Reassignment and warranty of title by a manufactured home dealer. (b) The certificate of title may contain spaces for application for a certificate of title by a transferee and for the naming of a secured party and the assignment or release of a security interest. (3) (a) Unless the applicant fulfills the requirements of par. (b), the department shall issue a distinctive certificate of title for a manufactured home last previously registered in another jurisdiction if the laws of the other jurisdiction do not require that secured parties be named on a certificate of title to perfect their security interests. The certificate shall contain the legend “This manufactured home may be subject to an undisclosed security interest” and may contain any other information that the department prescribes. If the department receives no notice of a security interest in the manufactured home within 4 months from the issuance of the distinctive certificate of title, the department shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form. (b) The department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements: 1. The applicant is a manufactured home dealer and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under s. 138.09, a bank organized under the laws of this state, or a national bank located in this state. 2. The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the manufactured home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the manufactured home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title for the manufactured home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the manufactured home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be re-

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turned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the manufactured home. (4) A certificate of title issued by the department is prima facie evidence of the facts appearing on it. (5) The department may issue a certificate of title in an automated format. History: 1999 a. 9, 53, 185.

101.9207 Lost, stolen or mutilated certificates. (1) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain the legend “This is a replacement certificate and may be subject to the rights of a person under the original certificate”. (2) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the department. History: 1999 a. 9.

101.9208 Fees. The following fees shall be determined by the department by rule under s. 101.19: (1) For filing an application for the first certificate of title, to be paid by the owner of the manufactured home. (2m) Upon filing an application under sub. (1) or (4), a manufactured housing rehabilitation and recycling fee, to be paid by the person filing the application. (3) For the original notation and subsequent release of each security interest noted upon a certificate of title, a single fee to be paid by the owner of the manufactured home. (4) For a certificate of title after a transfer, to be paid by the owner of the manufactured home. (4m) Upon filing an application under sub. (1) or (4), a supplemental title fee to be paid by the owner of the manufactured home, except that this fee shall be waived with respect to an application under sub. (4) for transfer of a decedent’s interest in a manufactured home to his or her surviving spouse or domestic partner under ch. 770. The fee required under this subsection shall be paid in addition to any other fee specified in this section. (5) For each assignment of a security interest noted upon a certificate of title, to be paid by the assignee. (6) For a replacement certificate of title, to be paid by the owner of the manufactured home. (7) For processing applications for certificates of title that have a special handling request for fast service, which fee shall approximate the cost to the department for providing this special handling service to persons so requesting. (8) For the reinstatement of a certificate of title previously suspended or revoked. History: 1999 a. 9, 53, 185; 2001 a. 16; 2005 a. 45; 2009 a. 28.

101.9209 Transfer of interest in a manufactured home. (1) (a) If an owner transfers an interest in a manufactured home, other than by the creation of a security interest, the owner shall, at the time of the delivery of the manufactured home, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and cause the certificate to be mailed or delivered to the transferee. This paragraph does not apply if the owner has no certificate of title as a result of the exemption under s. 101.9203 (4). (b) Any person who holds legal title of a manufactured home with one or more other persons may transfer ownership of the

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manufactured home under this subsection if legal title to the manufactured home is held in the names of such persons in the alternative, including a manufactured home held in a form designating the holder by the words “(name of one person) or (name of other person)”. (2) Except as otherwise provided in this subsection, promptly after delivery to him or her of the manufactured home, the transferee shall execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and application to be mailed or delivered to the department. This subsection does not apply to a transferee who is exempt from making application for a certificate of title under s. 101.9203 (4). (3) A transfer by an owner is not effective until the applicable provisions of this section have been complied with. An owner who has delivered possession of the manufactured home to the transferee and has complied with the provisions of this section requiring action by him or her is not liable as owner for any damages thereafter resulting from use of the mobile home. (4) Any owner of a manufactured home for which a certificate of title has been issued, who upon transfer of the manufactured home fails to execute and deliver the assignment and warranty of title required by sub. (1), may be required to forfeit not more than $500. (5) (a) Any transferee of a manufactured home who fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be required to forfeit not more than $200. (b) Any transferee of a manufactured home who, with intent to defraud, fails to make application for a new certificate of title immediately upon transfer to him or her of a manufactured home as required under sub. (2) may be fined not more than $1,000 or imprisoned for not more than 30 days or both. (c) A certificate is considered under this subsection to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid. History: 1999 a. 9, 53; 2001 a. 16.

101.921 Transfer to or from dealer. (1) (a) Except as provided in par. (b), if a manufactured home dealer acquires a manufactured home and holds it for resale or accepts a manufactured home for sale on consignment, the manufactured home dealer may not submit to the department the certificate of title or application for certificate of title naming the manufactured home dealer as owner of the manufactured home. Upon transferring the manufactured home to another person, the manufactured home dealer shall immediately give the transferee, on a form prescribed by the department, a receipt for all title, security interest and sales tax moneys paid to the manufactured home dealer for transmittal to the department when required. Unless the manufactured home has no certificate of title as a result of the exemption under s. 101.9203 (4), the manufactured home dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the manufactured home dealer shall mail or deliver the certificate or application for certificate to the department with the transferee’s application for a new certificate, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4). A nonresident who purchases a manufactured home from a manufactured home dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the manufactured

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home in this state unless the manufactured home dealer determines that a certificate of title is necessary to protect the interests of a secured party. The manufactured home dealer is responsible for determining whether a certificate of title and perfection of security interest is required. The manufactured home dealer is liable for any damages incurred by the department or any secured party for the manufactured home dealer’s failure to perfect a security interest that the manufactured home dealer had knowledge of at the time of sale. (b) Except when all available spaces for a manufactured home dealer’s reassignment on a certificate of title have been completed or as otherwise authorized by rules of the department, a manufactured home dealer who acquires a manufactured home and holds it for resale or accepts a manufactured home for sale on consignment may not apply for a certificate of title naming the manufactured home dealer as owner of the manufactured home. (c) Unless exempted by rule of the department, a manufactured home dealer who acquires a manufactured home and holds it for resale shall make application for a certificate of title naming the manufactured home dealer as owner of the manufactured home when all of the available spaces for a manufactured home dealer’s reassignment on the certificate of title for such manufactured home have been completed. (2) Every manufactured home dealer shall maintain for 5 years a record of every manufactured home bought, sold or exchanged, or received for sale or exchange. The record shall be open to inspection by a representative of the department or by a peace officer during reasonable business hours. The dealer shall maintain the record in the form prescribed by the department. (3) Any manufactured home dealer who fails to comply with this section may be required to forfeit not more than $200. History: 1999 a. 9, 53, 185; 2001 a. 16.

101.9211 Involuntary transfers. (1) If the interest of an owner in a manufactured home passes to another other than by voluntary transfer, the transferee shall, except as provided in sub. (2), promptly mail or deliver to the department the last certificate of title, if available, and any documents required by the department to legally effect such transfer. The transferee shall also promptly mail or deliver to the department an application for a new certificate in the form that the department prescribes, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4). (2) If the interest of the owner is terminated or the manufactured home is sold under a security agreement by a secured party named in the certificate of title, the transferee shall promptly mail or deliver to the department the last certificate of title, unless there is no certificate of title as a result of the exemption under s. 101.9203 (4), an application for a new certificate in the form that the department prescribes, unless the transferee is exempt from making application for a certificate of title under s. 101.9203 (4), and a statement made by or on behalf of the secured party that the manufactured home was repossessed and that the interest of the owner was lawfully terminated or sold under the terms of the security agreement. (3) A person holding a certificate of title whose interest in the manufactured home has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the department upon request of the department. The delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate, and the action of the department in issuing a new certificate of title is not conclusive upon the rights of an owner or secured party named in the old certificate. (4) (a) In all cases of the transfer of a manufactured home owned by a decedent, except under par. (b), ward, trustee or bank-

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rupt, the department shall accept as sufficient evidence of the transfer of ownership all of the following: 1. Evidence satisfactory to the department of the appointment of a trustee in bankruptcy, of a certification of trust under s. 701.1013 or the appointment of a trustee, or of the issuance of domiciliary letters or other letters authorizing the administration of a decedent’s estate, guardianship, conservatorship, special administration, or trust. 2. The title executed by the personal representative, guardian, or trustee, except that this subdivision does not apply if there is no certificate of title as a result of the exemption under s. 101.9203 (4). (b) 1. Except as provided under subd. 1m., the department shall transfer the decedent’s interest in any manufactured home to his or her surviving spouse upon receipt of the title executed by the surviving spouse and a statement by the spouse that states all of the following: a. The date of death of the decedent. b. The approximate value and description of the manufactured home. c. That the spouse is personally liable for the decedent’s debts and charges to the extent of the value of the manufactured home, subject to s. 859.25. 1m. The department may not require a surviving spouse to provide an executed title to a manufactured home under subd. 1. if the manufactured home has no certificate of title as a result of the exemption under s. 101.9203 (4). 2. The transfer of a manufactured home under this paragraph shall not affect any liens upon the manufactured home. 3. Except as provided in subd. 4., this paragraph is limited to no more than 5 manufactured homes titled in this state that are less than 20 years old at the time of the transfer under this paragraph. There is no limit on transfer under this paragraph of manufactured homes titled in this state that are 20 or more years old at the time of transfer under this paragraph. 4. The limit in subd. 3. does not apply if the surviving spouse is proceeding under s. 867.03 (1g) and the total value of the decedent’s property subject to administration in the state, including the manufactured homes transferred under this paragraph, does not exceed $50,000. (c) Upon compliance with this subsection, the department shall bear neither liability nor responsibility for the transfer of such manufactured homes in accordance with this section. (d) This subsection does not apply to transfer of interest in a manufactured home under s. 101.9209 (1) (b). History: 1999 a. 9, 53, 185; 2001 a. 16, 102; 2005 a. 216; 2023 a. 127.

101.9212 When department to issue a new certificate. (1) Except as otherwise provided in this subsection, the department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other transfer documents required by law, to support the transfer, shall issue a new certificate of title in the name of the transferee as owner. The department may not require a person to provide a properly assigned certificate of title if the manufactured home for which the new certificate of title is requested has no certificate of title as a result of the exemption under s. 101.9203 (4). (2) The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the transfer constituted a termination of the owner’s interest or a sale under a security agreement by a secured party named in the certificate, under s. 101.9211 (2), the new certificate shall be issued free of the names

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and addresses of the secured party who terminated the owner’s interest and of all secured parties subordinate under s. 101.9213 to such secured party. If the outstanding certificate of title is not delivered to it, the department shall make demand therefor from the holder of such certificate. (3) The department shall retain for 5 years a record of every surrendered certificate of title, the record to be maintained so as to permit the tracing of title for the manufactured home designated therein. History: 1999 a. 9, 53, 185; 2001 a. 16.

101.9213 Perfection of security interests. (1) Unless excepted by s. 101.9202, a security interest in a manufactured home of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or secured parties of the manufactured home unless perfected as provided in ss. 101.9202 to 101.9218. (2) Except as provided in sub. (3), a security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party, and the required fee. The security interest is perfected as of the later of the time of its delivery or the time of the attachment of the security interest. (3) If a secured party whose name and address is contained on the certificate of title for a manufactured home acquires a new or additional security interest in the manufactured home, such security interest is perfected at the time of its attachment under s. 409.203. (4) An unperfected security interest is subordinate to the rights of persons described in s. 409.317. (5) The rules of priority stated in s. 409.322, the other sections therein referred to, and subch. III of ch. 409 shall, to the extent appropriate, apply to conflicting security interests in a manufactured home of a type for which a certificate of title is required, or in a previously certificated manufactured home, as defined in s. 101.9222 (1). A security interest perfected under this section or under s. 101.9222 (4) or (5) is a security interest perfected otherwise than by filing for purposes of s. 409.322. (6) The rules stated in subch. VI of ch. 409 governing the rights and duties of secured parties and debtors and the requirements for, and effect of, disposition of a manufactured home by a secured party, upon default shall, to the extent appropriate, govern the rights of secured parties and owners with respect to security interests in manufactured homes perfected under ss. 101.9202 to 101.9218. (7) If a manufactured home is subject to a security interest when brought into this state, s. 409.316 states the rules that apply to determine the validity and perfection of the security interest in this state. (8) Upon request of a person who has perfected a security interest under this section, as shown by the records of the department, in a manufactured home titled in this state, whenever the department receives information from another state that the manufactured home is being titled in the other state and the information does not show that the security interest has been satisfied, the department shall notify the person. The department shall establish, by rule under s. 101.19, a fee of not less than $2 for each notification. History: 1999 a. 9, 53, 185; 2001 a. 10; 2005 a. 45.

101.9214 Duties on creation of security interest. If an owner creates a security interest in a manufactured home, unless the name and address of the secured party already is contained on the certificate of title for the manufactured home: (1) The owner shall immediately execute, in the space provided therefor on the certificate of title or on a separate form or in

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an automated format prescribed by the department, an application to name the secured party on the certificate, showing the name and address of the secured party, and cause the certificate, application and the required fee to be delivered to the secured party. (2) The secured party shall immediately cause the certificate, the application and the required fee to be mailed or delivered to the department. (3) Upon receipt of the certificate of title, the application and the required fee, the department shall issue to the owner a new certificate containing the name and address of the new secured party. The department shall deliver to the new secured party and to the register of deeds of the county of the owner’s residence memoranda, in such form as the department prescribes, evidencing the notation of the security interest upon the certificate; and thereafter, upon any assignment, termination or release of the security interest, additional memoranda evidencing such action. (4) The register of deeds may record, and maintain a file of, all memoranda received from the department under sub. (3). Such recording, however, is not required for perfection, release or assignment of security interests, which shall be effective upon compliance with ss. 101.9213 (2), 101.9215 and 101.9216 (1) and (2). History: 1999 a. 9, 53.

101.9215 Assignment of security interest. (1) Except as otherwise provided in s. 409.308 (5), a secured party may assign, absolutely or otherwise, the party’s security interest in the manufactured home to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as a secured party until the assignee is named as secured party on the certificate. (2) Subject to s. 409.308 (5), the assignee may but need not, to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as secured party, upon delivering to the department the certificate and an assignment by the secured party named in the certificate in the form that the department prescribes. History: 1999 a. 9, 53; 2001 a. 10.

101.9216 Release of security interest. (1) Within one month, or within 10 days following written demand by the debtor, after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a manufactured home under any security agreement between the owner and the secured party, the secured party shall execute and deliver to the owner, as the department prescribes, a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner’s obligation under sub. (2). If the secured party fails to execute and deliver the release and notice of the owner’s obligation as required by this subsection, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure. (2) The owner, other than a manufactured home dealer holding the manufactured home for resale, upon receipt of the release and notice of obligation shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the secured party’s rights on the certificate and issue a new certificate. (3) The department may remove information pertaining to a security interest perfected under s. 101.9213 from its records when 20 years after the original perfection has elapsed unless the

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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REGULATION OF INDUSTRY, BUILDINGS AND SAFETY

security interest is renewed in the same manner as provided in s. 101.9213 (2) for perfection of a security interest. (4) Removal of information pertaining to a security interest from the records of the department under sub. (3) does not affect any security agreement between the owner of a manufactured home and the holder of security interest in the manufactured home. History: 1999 a. 9, 53, 185.

101.9217 Secured party’s and owner’s duties. (1) A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose any pertinent information as to the party’s security agreement and the indebtedness secured by it. (2) (a) An owner shall promptly deliver the owner’s certificate of title to any secured party who is named on it or who has a security interest in the manufactured home described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected. Any owner who fails to deliver the certificate of title to a secured party requesting it under this paragraph shall be liable to such secured party for any loss caused to the secured party thereby and may be required to forfeit not more than $200. (b) No secured party may take possession of any certificate of title except as provided in par. (a). Any person who violates this paragraph may be required to forfeit not more than $1,000. (3) Any secured party who fails to disclose information under sub. (1) shall be liable for any loss caused to the owner by the failure to disclose information.

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der s. 101.951 and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under ss. 138.09 or 218.0101 to 218.0163, a bank organized under the laws of this state, or a national bank located in this state. (b) The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the manufactured home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the manufactured home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title for the manufactured home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the manufactured home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the manufactured home, or if the currently valid certificate of title for the manufactured home is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond. History: 1999 a. 9, 53, 185; 2001 a. 38.

History: 1999 a. 9, 53, 185.

101.9218 Applicability of manufactured home security provisions. (1) METHOD OF PERFECTING EXCLUSIVE. Subject to s. 409.311 (4) and except as provided in sub. (2), the method provided in ss. 101.921 to 101.9217 of perfecting and giving notice of security interests subject to ss. 101.921 to 101.9217 is exclusive. Security interests subject to ss. 101.921 to 101.9217 are exempt from the provisions of law that otherwise require or relate to the filing of instruments creating or evidencing security interests. (2) FIXTURES EXCLUDED. Notwithstanding ss. 101.921 to 101.9217, the method provided in ss. 101.921 to 101.9217 of perfecting and giving notice of security interests does not apply to a manufactured home that is a fixture to real estate or to a manufactured home that the owner intends, upon acquiring, to permanently affix to land that the owner of the manufactured home owns. History: 1999 a. 9, 53, 185; 2001 a. 10, 16.

101.9219 Withholding certificate of title; bond. (1) The department may not issue a certificate of title until the outstanding evidence of ownership is surrendered to the department. (2) If the department is not satisfied as to the ownership of the manufactured home or that there are no undisclosed security interests in it, the department, subject to sub. (3), shall either: (a) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant’s ownership of the manufactured home and that there are no undisclosed security interests in it; or (b) Issue a distinctive certificate of title pursuant to s. 101.9206 (3) or 101.9222 (3). (3) Notwithstanding sub. (2), the department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements: (a) The applicant is a manufactured home dealer licensed un-

101.922 Suspension or revocation of certificate. (1) The department shall suspend or revoke a certificate of title if it finds any of the following: (a) That the certificate of title was fraudulently procured, erroneously issued or prohibited by law. (b) That the manufactured home has been scrapped, dismantled or destroyed. (c) That a transfer of title is set aside by a court of record by order or judgment. (2) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it. (3) When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department. (4) The department may seize and impound any certificate of title that has been suspended or revoked. History: 1999 a. 9, 53, 185.

101.9221 Grounds for refusing issuance of certificate of title. The department shall refuse issuance of a certificate of title if any required fee has not been paid or for any of the following reasons: (1) The department has reasonable grounds to believe that: (a) The person alleged to be the owner of the manufactured home is not the owner. (b) The application contains a false or fraudulent statement. (2) The applicant has failed to furnish any of the following: (a) If applicable, the power of attorney required under 15 USC 1988 or rules of the department. (b) Any other information or documents required by law or by the department pursuant to authority of law. (3) The applicant is a manufactured home dealer and is pro-

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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hibited from applying for a certificate of title under s. 101.921 (1) (a) or (b). (4) Except as provided in ss. 101.9203 (3) and 101.921 (1) (a) for a certificate of title and registration for a manufactured home owned by a nonresident, the applicant is a nonresident and the issuance of a certificate of title has not otherwise been authorized by rule of the department. History: 1999 a. 9, 53.

101.9222 Previously certificated manufactured homes. (1) In this section, “previously certificated manufactured home” means a manufactured home for which a certificate of title has been issued by the department of transportation prior to July 1, 2000. (2) Sections 101.9213 to 101.9218 do not apply to a previously certificated manufactured home until one of the following occurs: (a) There is a transfer of ownership of the manufactured home. (b) The department issues a certificate of title for the manufactured home under this chapter. (3) If the department is not satisfied that there are no undisclosed security interests, created before July 1, 2000, in a previously certificated manufactured home, the department shall, unless the applicant fulfills the requirements of s. 101.9219 (3), issue a distinctive certificate of title for the manufactured home containing the legend “This manufactured home may be subject to an undisclosed security interest” and any other information that the department prescribes. (4) After July 1, 2000, a security interest in a previously certificated vehicle may be created and perfected only by compliance with ss. 101.9213 and 101.9218. (5) (a) If a security interest in a previously certificated manufactured home is perfected under any other applicable law of this state on July 1, 2000, the security interest continues perfected: 1. Until its perfection lapses under the law under which it was perfected, or until its perfection would lapse in the absence of a further filing or renewal of filing, whichever occurs sooner. 2. If, before the security interest lapses as described in subd. 1., there is delivered to the department the existing certificate of title together with the application and fee required by s. 101.9214 (1). In such case the department shall issue a new certificate pursuant to s. 101.9214 (3). (b) If a security interest in a previously certificated manufactured home was created, but was unperfected, under any other applicable law of this state on July 1, 2000, it may be perfected under par. (a). History: 1999 a. 9, 53, 185; 2001 a. 10.

101.933 Manufactured housing code council duties. The manufactured housing code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide manufactured housing code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules and any other matter related to this subchapter, including recommendations with regard to licensure and professional discipline of manufacturers of manufactured homes, manufactured home dealers, manufactured home salespersons, and installers, and with regard to consumer protection applicable to consumers of manufactured homes. In making recommendations, the council shall consider the likely costs of any proposed rules to consumers in relation to the benefits that are likely to result therefrom. History: 2005 a. 45.

101.934 Manufactured housing rehabilitation and re-

101.935

cycling. (2) GRANT PROGRAM. (a) The department may make grants under this section to provide financial assistance to persons engaged in the disposal of abandoned manufactured homes and to municipalities, for the purpose of supporting environmentally sound disposal practices. (b) The department may make grants under this section to provide financial assistance to individuals who reside in manufactured homes that are in need of critical repairs. An individual is eligible for a grant under this paragraph only if the individual is otherwise unable to finance the critical repairs. (3) ADMINISTRATION. The department shall contract with one or more entities that are exempt from taxation under section 501 (a) of the Internal Revenue Code and that employ individuals with technical expertise concerning manufactured housing for the administration of the grant program under this section. The department shall promulgate rules to establish the grant program under this section. To the extent feasible, the department shall coordinate the program under this section with the state housing strategy plan under s. 16.302. History: 2005 a. 45; 2011 a. 32 ss. 3380m to 3381f; Stats. 2011 s. 101.934. Cross-reference: See also ch. SPS 368, Wis. adm. code.

101.935 Manufactured home community regulation. (1) The department shall license and regulate manufactured home communities. The department may investigate manufactured home communities and, with notice, may enter and inspect private property. (2) (a) The department or a village, city or county granted agent status under par. (e) shall issue permits to and regulate manufactured home communities. No person, state or local government who has not been issued a permit under this subsection may conduct, maintain, manage or operate a manufactured home community. (b) The department may, after a hearing under ch. 227, refuse to issue a permit or suspend or revoke a permit for violation of this section or any regulation or order that the department issues to implement this section. (c) 1. Permits issued under this subsection are valid for a 2year period that begins on July 1 of each even-numbered year and that expires on June 30 of the next even-numbered year. If a person applies for a permit after the beginning of a permit period, the permit is valid until the end of the permit period. 2. The department shall establish, by rule under s. 101.19, the permit fee and renewal fee for a permit issued under this subsection. The department may establish a fee that defrays the cost of administering s. 101.937. An additional penalty fee, as established by the department by rule under s. 101.19, is required for each permit if the biennial renewal fee is not paid before the permit expires. (d) A permit may not be issued under this subsection until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier’s check or other certified draft, money order or cash the fees to the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the manufactured home community in question is considered to be operation without a permit. (e) Section 97.615 (2), as it applies to an agent for the depart-

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ment of agriculture, trade and consumer protection in the administration of s. 97.67, applies to an agent for the department of safety and professional services in the administration of this section. (2m) (a) The department shall inspect a manufactured home community in the following situations: 1. Upon completion of the construction of a manufactured home community. 2. Whenever a manufactured home community is modified, as defined by the department by rule. 3. Whenever the department receives a complaint about a manufactured home community. (b) The department may, with notice, inspect a manufactured home community whenever the department determines an inspection is appropriate. (3) The department may promulgate rules and issue orders to administer and enforce this section. History: 1991 a. 39; 1993 a. 16, 27, 491; 1995 a. 27 s. 9126 (19); 1999 a. 9 ss. 64g to 64r; Stats. 1999 s. 101.935; 1999 a. 53; 2001 a. 16; 2005 a. 45; 2007 a. 11; 2007 a. 20 s. 9121 (6) (a); 2011 a. 32; 2015 a. 55. Cross-reference: See also ch. SPS 326, Wis. adm. code.

101.937 Water and sewer service to manufactured home communities. (1) RULES. The department shall promulgate rules that establish standards for providing water or sewer service by a manufactured home community operator or manufactured home community contractor to a manufactured home community occupant, including requirements for metering, billing, depositing, arranging deferred payment, installing service, refusing or discontinuing service, and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate, and that any practice relating to providing the service is just and reasonable. (2) PERMANENT IMPROVEMENTS. A manufactured home community operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to manufactured home community occupants through ongoing rates for water or sewer service. (3) ENFORCEMENT. (a) On its own motion or upon a complaint filed by a manufactured home community occupant, the department may issue an order or commence a civil action against a manufactured home community operator or manufactured home community contractor to enforce this section, any rule promulgated under sub. (1), or any order issued under this paragraph. (b) The department of justice, after consulting with the department, or any district attorney may commence an action in circuit court to enforce this section. (4) PRIVATE CAUSE OF ACTION. Any person suffering pecuniary loss because of a violation of any rule promulgated under sub. (1) or order issued under sub. (3) (a) may sue for damages and shall recover twice the amount of any pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1), reasonable attorney fees. (5) PENALTIES. (a) Any person who violates any rule promulgated under sub. (1) or any order issued under sub. (3) (a) shall forfeit not less than $25 nor more than $5,000. Each violation and each day of violation constitutes a separate offense. (b) Any person who intentionally violates any rule promulgated under sub. (1) or order issued under sub. (3) (a) shall be fined not less than $25 nor more than $5,000 or imprisoned not more than one year in the county jail or both. Each violation and each day of violation constitutes a separate offense. History: 2001 a. 16 ss. 2541, 3003 to 3007; 2005 a. 45.

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101.94 Manufactured home and mobile home manufacturers, distributors and dealers: design and construction of manufactured homes and mobile homes. (1) Mobile homes manufactured, distributed, sold or offered for sale in this state shall conform to the code promulgated by the American national standards institute and identified as ANSI 119.1, including all revisions thereof in effect on August 28, 1973, and further revisions adopted by the department and the department of health services. The department may establish standards in addition to those required under ANSI 119.1. This subsection applies to units manufactured or assembled after January 1, 1974, and prior to June 15, 1976. (2) No person may manufacture, assemble, distribute or sell a manufactured home unless the manufactured home complies with 42 USC 5401 to 5425 and applicable regulations. (7) The department shall hear and decide petitions brought under this subchapter in the manner provided under s. 101.02 (6) (e) to (i) and (8) for petitions concerning property. (8) (a) Except as provided in par. (c), a person who violates this subchapter, a rule promulgated under this subchapter or an order issued under this subchapter shall forfeit not more than $1,000 for each violation. Each violation of this subchapter constitutes a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by this subchapter, except the maximum forfeiture under this subsection may not exceed $1,000,000 for a related series of violations occurring within one year of the first violation. (b) Any individual or a director, officer or agent of a corporation who knowingly and willfully violates this subchapter in a manner which threatens the health or safety of a purchaser may be fined not more than $10,000 or imprisoned for not more than 9 months or both. (c) A person who violates s. 101.935, a rule promulgated under s. 101.935 or an order issued under s. 101.935 may be required to forfeit not less than $10 nor more than $250 for each violation. Each day of continued violation constitutes a separate violation. History: 1973 c. 116; 1977 c. 29; 1979 c. 221 ss. 552 to 556, 2202 (25); 1983 a. 27 ss. 1375r to 1375s, 2200 (25); 1989 a. 31; 1995 a. 27 s. 9126 (19); 1997 a. 283; 1999 a. 9, 53; 2001 a. 109; 2005 a. 45; 2007 a. 20 s. 9121 (6) (a).

101.95 Manufactured home manufacturers regulated. The department shall by rule prescribe the manner by which a manufacturer shall be licensed for the manufacture, distribution or selling of manufactured homes in this state, including fees for the licensing of manufacturers. History: 1973 c. 116; 1983 a. 27 ss. 1375t, 2200 (25); 1999 a. 53; 2005 a. 45.

101.951 Manufactured home dealers regulated. (1) No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state unless first licensed to do so by the department as provided in this section. (2) (a) Application for a license or a renewal license shall be made to the department on forms prescribed and furnished by the department, accompanied by the license fee required under par. (bm). (b) 1. The department shall, by rule, establish the license period under this section. 2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section. (bm) Fees for licensing of persons under this section shall be established by the department by rule under s. 101.19. (3) The department shall issue a license only to a person whose character, fitness and financial ability, in the opinion of the department, are such as to justify the belief that the person

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can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business in this state during the license year and will abide by all of the provisions of law and lawful orders of the department. (5) A licensee shall conduct the licensed business continuously during the license year. (6) The department may deny, suspend or revoke a license on any of the following grounds: (a) Proof of unfitness. (b) A material misstatement in the application for the license. (c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue. (d) Willful failure to comply with any provision of this section or any rule promulgated by the department under this section. (e) Willfully defrauding any retail buyer to the buyer’s damage. (f) Willful failure to perform any written agreement with any retail buyer. (g) Failure or refusal to furnish and keep in force any bond required. (h) Having made a fraudulent sale, transaction or repossession. (i) Fraudulent misrepresentation, circumvention or concealment, through any subterfuge or device, of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer. (j) Use of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail installment contracts and the redemption and resale of such goods. (k) Having indulged in any unconscionable practice relating to the business of selling manufactured homes to a consumer or to the retail market. (m) Having sold a retail installment contract to a sales finance company, as defined in s. 218.0101 (34) (a), that is not licensed under ss. 218.0101 to 218.0163. (n) Having violated any law relating to the sale, distribution or financing of manufactured homes. (7) (a) The department of safety and professional services may, without notice, deny the application for a license within 60 days after receipt of the application by written notice to the applicant stating the grounds for the denial. Within 30 days after the date on which the written notice of denial is mailed to the applicant, the applicant may petition the department of administration to conduct a hearing to review the denial, and the department of administration shall schedule a hearing with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 440.13. (b) No license may be suspended or revoked except after a hearing. The department of safety and professional services shall give the licensee at least 5 days’ notice of the time and place of the hearing. The order suspending or revoking a license is not effective until after 10 days’ written notice to the licensee, after the hearing has been had; except that the department of safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours’ notice of hearing and with not less than 24 hours’ notice of the suspension of the license. The department of administration shall hear and decide upon matters involving suspensions and revocations brought before the department of safety and professional services. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 440.13.

101.953

(c) The department of safety and professional services may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction. (8) Any person who violates any provision of this section shall be fined not less than $25 nor more than $100 for each offense. History: 1999 a. 9, 53, 185; 2003 a. 321; 2005 a. 45; 2017 a. 331.

101.952 Manufactured home salespersons regulated. (1) No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state without a license therefor from the department. If a manufactured home dealer acts as a manufactured home salesperson the dealer shall secure a manufactured home salesperson’s license in addition to the license for engaging as a manufactured home dealer. (2) (a) Applications for a manufactured home salesperson’s license and renewals thereof shall be made to the department on such forms as the department prescribes and furnishes and shall be accompanied by the license fee required under par. (bm). The application shall include the applicant’s social security number. In addition, the application shall require such pertinent information as the department requires. (b) 1. The department shall, by rule, establish the license period under this section. 2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section. (bm) Fees for licensing of manufactured home salespersons shall be established by the department by rule under s. 101.19. (3) Every licensee shall carry his or her license when engaged in his or her business and display the same upon request. (5) The provision of s. 218.0116 relating to the denial, suspension, and revocation of a motor vehicle salesperson’s license shall apply to the denial, suspension, and revocation of a manufactured home salesperson’s license so far as applicable, except that such provision does not apply to the denial, suspension, or revocation of a license under s. 440.13. (6) The provisions of ss. 218.0116 (9) and 218.0152 shall apply to this section, manufactured home sales practices and the regulation of manufactured home salespersons, as far as applicable. History: 1999 a. 9, 53, 186; 2005 a. 45; 2011 a. 146; 2017 a. 331.

101.953 Warranty and disclosure. (1) A one-year written warranty is required for every new manufactured home sold, or leased to another, by a manufactured home manufacturer, manufactured home dealer or manufactured home salesperson in this state, and for every new manufactured home sold by any person who induces a resident of the state to enter into the transaction by personal solicitation in this state or by mail or telephone solicitation directed to the particular consumer in this state. The warranty shall contain all of the following: (a) A statement that the manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of safety and professional services that are in effect at the time of the manufacture of the manufactured home. (b) A statement that the manufactured home is free from defects in material and workmanship and is reasonably fit for human habitation if it receives reasonable care and maintenance as defined by rule of the department.

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(c) 1. A statement that the manufactured home manufacturer and manufactured home dealer shall take corrective action for defects that become evident within one year from the delivery date and as to which the manufactured home owner has given notice to the manufacturer or dealer not later than one year and 10 days after the delivery date and at the address set forth in the warranty; and that the manufactured home manufacturer and manufactured home dealer shall make the appropriate adjustments and repairs, within 30 days after notification of the defect, at the site of the manufactured home without charge to the manufactured home owner. If the manufactured home dealer makes the adjustment, the manufactured home manufacturer shall fully reimburse the dealer. 2. If a repair, replacement, substitution or alteration is made under the warranty and it is discovered, before or after expiration of the warranty period, a statement that the repair, replacement, substitution or alteration has not restored the manufactured home to the condition in which it was warranted except for reasonable wear and tear, such failure shall be considered a violation of the warranty and the manufactured home shall be restored to the condition in which it was warranted to be at the time of the sale except for reasonable wear and tear, at no cost to the purchaser or the purchaser’s assignee notwithstanding that the additional repair may occur after the expiration of the warranty period. (d) A statement that if during any period of time after notification of a defect the manufactured home is uninhabitable, as defined by rule of the department, that period of time shall not be considered part of the one-year warranty period. (e) A list of all parts and equipment not covered by the warranty. (2) Action by a lessee to enforce the lessee’s rights under this subchapter shall not be grounds for termination of the rental agreement. (3) The warranty required under this section shall apply to the manufacturer of the manufactured home as well as to the manufactured home dealer who sells or leases the manufactured home to the consumer, and shall be in addition to any other rights and privileges that the consumer may have under any instrument or law. The waiver of any remedies under any law and the waiver, exclusion, modification or limitation of any warranty, express or implied, including the implied warranty of merchantability and fitness for a particular purpose, is expressly prohibited. Any such waiver is void. (4) The transfer of a manufactured home from one manufactured home owner to another during the effective period of the warranty does not terminate the warranty, and subsequent manufactured home owners shall be entitled to the full protection of the warranty for the duration of the warranty period as if the original manufactured home owner had not transferred the manufactured home. History: 1999 a. 9, 53, 185; 2011 a. 32.

101.954 Sale or lease of used manufactured homes. In the sale or lease of any used manufactured home, the sales invoice or lease agreement shall contain the point of manufacture of the used manufactured home, the name of the manufacturer and the name and address of the previous owner of the manufactured home. History: 1999 a. 9, 53.

101.955 Jurisdiction and venue over out-of-state manufacturers. (1) The importation of a manufactured home for sale in this state by an out-of-state manufacturer is considered an irrevocable appointment by that manufacturer of the department of financial institutions to be that manufacturer’s true and lawful attorney upon whom may be served all legal processes in

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any action or proceeding against such manufacturer arising out of the importation of such manufactured home into this state. (2) The department of financial institutions upon whom processes and notices may be served under this section shall, upon being served with such process or notice, mail a copy by registered mail to the out-of-state manufacturer at the nonresident address given in the papers so served. The original shall be returned with proper certificate of service attached for filing in court as proof of service. The service fee shall be $4 for each defendant so served. The department of financial institutions shall keep a record of all such processes and notices, which record shall show the day and hour of service. History: 1999 a. 9, 53.

101.96 Manufactured home installation regulated. (1) INSTALLATION STANDARDS. (a) Promulgation of standards. The department shall, by rule, establish installation standards for the safe installation of manufactured homes in this state. In promulgating rules under this paragraph, the department shall consider the recommendations of the manufactured housing code council under s. 101.933. (b) Enforcement of standards. The department shall, by rule, establish a method for ensuring compliance with the rules promulgated under par. (a). The department shall require inspections of manufactured home installations by 3rd-party inspectors licensed by the department. The department shall, by rule, establish criteria for the licensure of 3rd-party inspectors that include a requirement that an individual may not serve as a 3rd-party inspector if the individual is, is employed by, or is an independent contractor of any of the following: 1. A manufactured home manufacturer who was directly involved in the sale of the particular manufactured home. 2. A manufactured home salesperson who was directly involved in the sale of the particular manufactured home. 3. An installer who was directly involved in the sale of the particular manufactured home. (2) MANUFACTURED HOME INSTALLERS. (a) License required; exceptions; liability. Except as otherwise provided in this paragraph, beginning on January 1, 2007, no person may act as an installer in this state unless the person is a licensed installer or employs one or more licensed installers to generally supervise each of the person’s installations of manufactured homes in this state. This requirement does not apply to an individual who installs a manufactured home on his or her own property for his or her personal use or to an individual who installs a manufactured home under the general supervision of a licensed installer. A licensed installer is liable for all acts and omissions related to the installation of each individual who performs an installation under the licensed installer’s general supervision. (b) License eligibility. The department may issue an installer’s license only to an individual to whom all of the following apply: 1. The individual is at least 18 years old. 2. The individual files with the department a license application on a form prescribed by the department. 3. The individual completes, to the satisfaction of the department, an examination approved by the department that tests the skills necessary to properly install manufactured homes and knowledge of the laws applicable to manufactured home installation. 4. The individual has not been found responsible in any judicial or administrative forum for any violation of this section during the 2 years before the date on which the individual’s license application is submitted. 5. The individual has not been found responsible in any judi-

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cial or administrative forum during the 2 years before the date on which the individual’s license application is submitted for any failure to perform an installation of a manufactured home as required under contract or for defrauding any person with regard to the provision of installation services. 6. The individual meets the standards of financial responsibility established by rule of the department. (br) Examination waiver. The department shall, by rule, establish a procedure under which it may waive the examination requirement under par. (b) 3. for individuals that demonstrate sufficient experience installing manufactured homes including active participation in the installation of at least 10 manufactured homes. This paragraph does not apply after June 1, 2007. (c) License term and fee. The department, by rule shall establish the term of installers’ licenses and the conditions under which the department may revoke or suspend installers’ licenses. The department shall establish an initial installer’s license fee and license renewal fee by rule under s. 101.19. History: 2005 a. 45. Cross-reference: See also s. SPS 305.327 and ch. SPS 320, Wis. adm. code.

101.965 Penalties. (1) Any person who violates ss. 101.953 to 101.955, or any rule promulgated under ss. 101.953 to 101.955, may be fined not more than $1,000 or imprisoned for not more than 6 months or both. (1p) Any person who violates s. 101.96 or any rule promulgated under that section may be required to forfeit not less than $25 nor more than $500 for each violation. Each day of continued violation constitutes a separate violation. (1t) Upon request of the department, the attorney general may commence an action in a court of competent jurisdiction to enjoin any installer from installing a manufactured home in violation of s. 101.96 (2). (2) In any court action brought by the department for violations of this subchapter, the department may recover all costs of testing and investigation, in addition to costs otherwise recoverable, if it prevails in the action. (3) Nothing in this subchapter prohibits the bringing of a civil action against a manufactured home manufacturer, manufactured home dealer or manufactured home salesperson by an aggrieved consumer. If judgment is rendered for the consumer based on an act or omission by the manufactured home manufacturer, manufactured home dealer or manufactured home salesperson, that constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable. History: 1999 a. 9, 53, 185; 2005 a. 45.

SUBCHAPTER VII ELEVATORS, ESCALATORS, AND OTHER CONVEYANCES 101.981 Definitions; modification by rule. (1) Except as provided in sub. (2), in this subchapter: (a) “Amusement or thrill ride” has the meaning given s. 101.19 (1b) (b). (b) “Belt manlift” means a power-driven, looped belt equipped with steps or platforms and a hand hold for the transportation of people from one floor of a building or structure to another. (c) “Conveyance” means an elevator, an escalator, a dumbwaiter, a belt manlift, a moving walkway, a platform lift, and a stairway chair lift, and any other similar device, such as an automated people mover, used to elevate or move people or things, as

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provided in the rules of the department. “Conveyance” does not include a personnel hoist; a material hoist; a grain elevator; a lift as defined in s. 167.33 (1) (f); an amusement or thrill ride; or a vertical platform lift, inclined platform lift, or a stairway chair lift that serves an individual residential dwelling unit. (d) “Dumbwaiter” means a hoisting and lowering mechanism that satisfies all of the following conditions: 1. Is equipped with a compartment that moves in guides in a substantially vertical direction and has a floor area of not more than 9 square feet. 2. Has a maximum lifting and lowering capacity of not more than 500 pounds. 3. Is used exclusively for carrying materials. (e) “Elevator” means a hoisting or lowering machine, other than a dumbwaiter, equipped with a compartment or platform that moves in guides and serves 2 or more floors or landings of a building or structure. (f) “Escalator” means a power-driven, moving stairway used for raising and lowering people. (g) “Material hoist” means a hoist, other than a personnel hoist, that is used to raise or lower materials during construction, alteration, or demolition of a building or structure. (h) “Personnel hoist” means a hoist that is installed inside or outside a building or structure during the construction, alteration, or demolition of the building or structure and that is used to raise and lower workers, other personnel, and materials which the hoist is designed to carry. (2) The department shall promulgate rules establishing additional definitions to the extent the department deems necessary for the proper administration and enforcement of this subchapter. The department, by rule, may modify definitions established under sub. (1). To the extent practicable, the department shall ensure that any definitions or modifications promulgated under this subsection are consistent with national, industry-wide safety standards governing matters regulated by this subchapter. History: 2005 a. 456; 2011 a. 32, 199, 209.

101.982 Conveyance safety code. The department shall promulgate rules establishing standards for the safe installation and operation of conveyances. In promulgating rules under this section the department shall consider the recommendations of the conveyance safety code council under s. 101.986. The rules shall be consistent, to the extent practicable, with national, industry-wide safety standards applicable to conveyances. The rules shall require any testing of conveyances or related equipment required under the rules to be performed by an elevator mechanic licensed under s. 101.985 (2). The rules shall require any person who installs a new conveyance to give the owner of the building in which the conveyance is installed, before the conveyance is placed in operation, a written certification indicating that the installation complies with the rules promulgated under this section. The rules shall include an enforcement procedure and a procedure pursuant to which the department may grant a variance from the rules if the variance would not jeopardize public safety. History: 2005 a. 456.

101.983 Approvals and permits for conveyances required. (1) CONSTRUCTION, INSTALLATION, AND ALTERATION. (a) Approval required. No person may construct, install, or alter a conveyance in this state unless an elevator contractor licensed by the department under s. 101.985 (1) has received an approval for the construction, installation, or alteration from the department. (b) Application. A person applying for an approval under par. (a) shall include, along with the application, copies of specifications and accurately scaled and fully dimensioned plans showing

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the location of the construction, installation, or alteration in relation to the plans and elevation of the building; the location of the applicable machinery room, if any, and the equipment to be constructed, installed, or altered; and all structural supporting members relevant to the construction, installation, or alteration, including foundations. The specifications and plans shall be sufficiently complete to illustrate all details of design and construction, installation, or alteration. The application shall specify all materials to be used and all loads to be supported or conveyed. The department may authorize a person to include the application and other information required under this paragraph with any submission required under s. 101.12 (1) to avoid duplicative filing of information. (c) Revocation. The department may revoke an approval issued under this subsection if the department finds any of the following: 1. That information submitted under par. (b) by the person obtaining the approval contains false statements or misrepresentations of material fact. 2. That the approval was issued in error. 3. That the work performed under the approval is not consistent with information submitted under par. (b) by the person obtaining the approval or is in violation of this subchapter or rules promulgated under this subchapter. (d) Expiration. An approval issued under this subsection expires under any of the following circumstances: 1. If the work authorized under the approval is not commenced within 6 months after the date on which the approval is issued, or within a shorter period of time as specified by the department at the time the approval is issued. 2. If the work authorized under the approval is suspended or abandoned for 60 consecutive days at any time following the commencement of the work, or for a shorter period of time as specified by the department at the time the approval is issued. (2) OPERATING PERMITS; INSPECTIONS. (a) Operating permit required. No person may allow a conveyance to be operated on property owned by the person unless the person has received a permit under this subsection from the department that authorizes its operation. (b) Application. For a newly installed conveyance, the elevator contractor that contracted to perform the installation shall apply for the initial permit required under par. (a) on behalf of the owner of the building in which the conveyance is located. Applications for renewal of the permit shall be made by the owner. (c) Inspections. The department may not issue or renew a permit for a conveyance under this subsection unless the department or an independent inspector has conducted an inspection of the conveyance and has prepared an inspection report certifying that the conveyance complies with this subchapter and any applicable rules promulgated under this subchapter. Any inspection under this subsection or sub. (3) shall be performed by an inspector who is licensed under s. 101.985 (3). (cm) Instruction on operation. When issuing or renewing a permit under this subsection, the department shall give the owner notice of relevant conveyance safety requirements and shall instruct the owner as to the procedure for obtaining periodic inspections and renewing the permit under which the conveyance is operated. (d) Term and posting requirements. A permit issued under this subsection has a term of one year. The owner of the building or residence in which a conveyance is located shall display the permit under par. (a) applicable to the conveyance on or in the conveyance or, if applicable, in the machinery room. (e) Exemption. This subsection does not apply to elevators or dumbwaiters that serve individual residential dwelling units.

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(3) INSPECTIONS; INDIVIDUAL RESIDENTIAL DWELLING UNITS. If the owner and a prospective buyer of an individual residential dwelling unit that is served by a dumbwaiter or an elevator enter into a contract of sale for the unit that includes a provision requiring that the dumbwaiter or elevator be inspected, the inspection shall be performed by an elevator inspector licensed under s. 101.985 (3). (4) MUNICIPALITIES AS AGENTS. The department may appoint a city or village as its agent to do any of the following: (a) Issue approvals under sub. (1) (a). (b) Issue or renew permits under sub. (2) (a). (c) Conduct inspections and prepare inspection reports as provided under sub. (2) (c) and sub. (3). (d) Give notice and provide instruction as required under sub. (2) (cm). History: 2005 a. 456; 2011 a. 32; 2013 a. 20, 124; 2015 a. 195 s. 82.

101.984 Licenses and supervision required. (1) ELEVATOR CONTRACTOR. No person may engage in the business of constructing, installing, altering, servicing, replacing, or maintaining conveyances in this state unless the person is licensed as an elevator contractor under s. 101.985 (1). (2) ELEVATOR MECHANIC. (a) Generally. Except as provided in par. (c), no individual may erect, construct, alter, replace, maintain, repair, remove, or dismantle any conveyance in this state unless the individual is licensed as an elevator mechanic under s. 101.985 (2) or is under the direct supervision of a person licensed as an elevator contractor under s. 101.985 (1). (b) Electrical construction. Except as provided in par. (c), no individual may wire any conveyance in this state from the mainline feeder terminals on the controller unless the individual is licensed as an elevator mechanic under s. 101.985 (2) or is under the direct supervision of a person licensed as an elevator contractor under s. 101.985 (1). (c) Exceptions. 1. Paragraph (a) does not apply to an individual who removes or dismantles a conveyance that is destroyed as a result of a complete demolition of a building or where the hoistway or wellway is demolished back to the basic support structure such that the hoistway or wellway is inaccessible. 2. Paragraphs (a) and (b) do not apply to any of the following: a. An individual who is enrolled in and performing tasks that are within the scope of an elevator mechanic’s apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development. b. An individual performing tasks under the direct supervision of and as a helper to an individual licensed as an elevator mechanic under s. 101.985 (2). c. An individual who performs work described under par. (a) or (b) during the 5-day period preceding the date on which the individual is issued an emergency elevator mechanic’s license under s. 101.985 (2) (c). (3) ELEVATOR INSPECTOR. No individual may perform an inspection of a conveyance in this state unless the individual is licensed as an elevator inspector under s. 101.985 (3). History: 2005 a. 456; 2013 a. 124.

101.985 Licensing qualifications and procedure. (1) ELEVATOR CONTRACTOR. Except as otherwise provided in this subsection, the department shall issue an elevator contractor’s license to each person who demonstrates to the satisfaction of the department that the person is adequately qualified and able to engage in business as an elevator contractor. The department may summarily issue an elevator contractor’s license to a person who is licensed as an elevator contractor under the laws of another

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state, if, in the opinion of the department, that state’s regulation of elevator contractors is substantially the same as this state’s. Every person who applies for a license under this subsection shall provide the department with a certificate of insurance issued by one or more insurers authorized to do business in this state, indicating that the person is insured in the amount of at least $1,000,000 per occurrence because of bodily injury to or death of others, is insured in the amount of at least $500,000 per occurrence because of damage to the property of others, and is insured to the extent required under ch. 102. A person who is issued a license under this subsection shall notify the department in writing of any material change in these insurance coverages at least 10 days before the change takes effect. (2) ELEVATOR MECHANICS’ LICENSES. (a) Issuance. The department shall issue an elevator mechanic’s license to each individual who meets the requirements in either par. (ab) or (ad). (ab) Requirements; apprenticeship and journeyman level. An individual is eligible for an elevator mechanic’s license if he or she satisfactorily completes an elevator mechanic’s apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development or if he or she satisfies all of the following requirements: 2. During the 3 years preceding the date of application, he or she was continuously employed in a position requiring the individual to perform work that is at a journeyman level and that is relevant to the erection, construction, alteration, replacement, maintenance, repair, or servicing of conveyances, as verified by the individual’s employers. 3. He or she satisfactorily completes a written examination administered by the department covering the provisions of this subchapter, and rules promulgated under this subchapter, that are relevant to the license applied for or satisfactorily completes an elevator mechanic’s examination approved by the department and administered by a nationally recognized training program established by the elevator industry. (ad) Requirements; training program. 1. An individual is eligible for an elevator mechanic’s license if he or she satisfies all of the following requirements: a. He or she verifies to the department that he or she has been certified as having successfully completed a 4-year program established by the National Elevator Industry Educational Program or an equivalent nationally recognized 4-year training program that is approved by the department. b. He or she meets one of the requirements specified in subd. 2. 2. In order to meet the requirement under subd. 1. b. for an elevator mechanic’s license, an individual applying for a license shall satisfy one of the following requirements: a. He or she verifies to the department that, during the 5 years immediately preceding the date of the license application, he or she was employed for at least 1,000 hours in each of the 5 years performing work described under s. 101.984 (2) (a) or (b). b. He or she verifies to the department that he or she has continuous experience in the elevator industry for at least 5 years immediately preceding the date of the license application in a capacity, other than in the capacity of preforming work described under s. 101.984 (2) (a) or (b), that has allowed him or her to remain familiar with elevator equipment, technology, and industry practices. This experience may include performing management activities for a company that engages in the sale, installation, repair, or maintenance of conveyances, being involved in elevator industry labor relations, or supervising elevator mechanics. c. He or she verifies to the department that he or she, during any 5 years preceding the date of the license application, was employed for at least 1,000 hours in each of those 5 years performing

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work that is relevant to the erection, construction, alteration, replacement, maintenance, repair, or servicing of conveyances and that this work included work described under s. 101.984 (2) (a) or (b). If the 5 years were not the 5 years immediately preceding the date of application, the applicant shall verify that this is due to the applicant’s work being disrupted by high unemployment in the elevator industry, military service, illness, disability, or another factor beyond the applicant’s control in order to meet the requirement under this subd. 2. c. (am) Requirements for individuals with prior experience. The department shall promulgate rules that establish requirements for issuing an elevator mechanic’s license to an individual who has performed work described under s. 101.984 (2) (a) or (b) within the scope of his or her employment before June 1, 2007, but who does not satisfy the requirements under par. (ab) or (ad) to be issued a license. The rules may contain a deadline before which an individual must apply for a license issued under this paragraph. (b) Licensing out-of-state mechanics. The requirements under pars. (ab) and (ad) do not apply to an individual who is licensed as an elevator mechanic under the laws of another state, if, in the opinion of the department, that state’s regulation of elevator mechanics is substantially the same as this state’s. The department may summarily issue an elevator mechanic’s license to such an individual. (c) Emergency licensing. If the governor declares that a state of emergency exists in this state under s. 323.10 and the department determines that the number of individuals in the state who hold an elevator mechanic’s license issued by the department under this section on the date of the declaration is insufficient to cope with the emergency, the department shall summarily issue an emergency elevator mechanic’s license to any individual who is certified by an elevator contractor licensed under this subchapter as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision, who the department determines is so qualified and able, and who applies for an emergency elevator mechanic’s license on a form prescribed by the department. An individual certified by a contractor under this paragraph may perform work as an elevator mechanic for up to a total of 5 days preceding the date the individual is issued the license. An emergency elevator mechanic’s license has a term of 30 days and may be renewed by the department in the case of a continuing emergency. The department shall specify on an emergency elevator mechanic’s license the geographic area in which the licensee may provide services under the license. The requirements under pars. (ab) and (ad) do not apply to an individual who applies for an emergency elevator mechanic’s license. (d) Temporary licensing. If there are no elevator mechanics licensed under this subchapter available to provide services contracted for by an elevator contractor licensed under this subchapter, the elevator contractor may notify the department and request the issuance of a temporary elevator mechanic’s license to any individual who is certified by the elevator contractor as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision and who applies for a temporary elevator mechanic’s license on a form prescribed by the department. A temporary elevator mechanic’s license has a term of 30 days and may be renewed by the department in the case of a continuing shortage of licensed elevator mechanics. The department shall specify on a temporary elevator mechanic’s license the elevator contractor in whose employ the licensee must remain to provide services under the temporary elevator mechanic’s license. The requirements under pars. (ab) and (ad) do not apply to an individual who applies for a temporary elevator mechanic’s license. (3) ELEVATOR INSPECTOR. The department shall issue an ele-

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vator inspector license to each individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide inspection services of conveyances as required under s. 101.983 (2). The department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license. (5) ISSUANCE, TERM, RENEWAL, AND CONTINUING EDUCATION. (a) Issuance and term. Except as provided under ss. 440.12 and 440.13, the department shall issue a license to any applicant who satisfies the applicable requirements of subs. (1) to (3) and any rules promulgated under subs. (1) to (3) and who pays any applicable fee required by rule of the department under s. 101.19 (1g) (k). Except as provided under sub. (2) (c) and (d), the term of each license is 2 years. (b) Renewal and continuing education. 1. An applicant for renewal of a license under sub. (2) (ab), (ad), or (b), or (3) shall provide to the department a certificate indicating that, during the term of the license, the applicant has satisfactorily met the education requirements established by rule under subd. 2. 2. The department shall promulgate rules that establish the education requirements for purposes of subd. 1. The rules shall include all of the following: a. Standards for certification of specific programs. b. The number of hours of education required. c. Criteria for receiving a waiver from the department of the education requirements. (6) REVOCATION AND SUSPENSION. The department may revoke or suspend a license issued under subs. (1) to (3) if the department finds any of the following: (a) That the licensee made a false statement of material fact in an application submitted to the department. (b) That the license was obtained by fraud, misrepresentation, or bribery. (c) That the licensee failed to notify the department and the owner or lessee of a conveyance that the conveyance failed to meet any of the requirements of this subchapter or of the rules promulgated under this subchapter. (d) That the licensee violated this subchapter or any rule promulgated under this subchapter. (7) APPLICATION. (a) Each application for a license under subs. (1), (2) (ab) or (ad), or (3) shall be made on a form prescribed by the department, and each application shall contain at least the following information: 1. If the applicant is an individual, the applicant’s name and residential address. 2. If the applicant is a sole proprietorship, the applicant’s name and residential and business addresses. 3. If the applicant is a partnership, the name and business address of the partnership and the names and residential addresses of each partner. 4. If the applicant is a corporation, the name and principal business address of the corporation and the name and address of the corporation’s registered agent for service of process. 5. If the applicant is a limited liability company, the name and principal business address of the limited liability company and the name and address of the limited liability company’s registered agent for service of process.

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6. The number of years the applicant has performed work or engaged in the business to be authorized under the license. 7. If the application is for an elevator contractor’s license, the approximate number of individuals, if any, the applicant will employ upon licensure. 8. If the application is for an elevator contractor’s license, a certification that all work described in s. 101.984 (2) (a) and (b) that the person will contract to perform under the license will be performed by elevator mechanics licensed under sub. (2). 9. Satisfactory evidence that the applicant is or, upon licensure, will be insured to the extent required under sub. (1) or (3). 10. A description of each of the applicant’s criminal arrests and convictions, if any. (b) Each application for a license under sub. (2) (am) shall be made on a form prescribed by the department, and each application shall contain the relevant information necessary to issue the license, as determined by the department. History: 2005 a. 456; 2007 a. 20, 96; 2009 a. 42; 2011 a. 146, 209; 2013 a. 124; 2017 a. 331.

101.986 Conveyance safety code council duties. The conveyance safety code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide conveyance safety code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules for the enforcement of this subchapter, the granting of variances, administrative appeal procedures, fees, and any other matter under this subchapter. History: 2005 a. 456.

101.988 Enforcement and penalties. (1) INVESTIGATIONS. (a) Initiated by department. The department may perform investigations to aid in the enforcement of this subchapter and rules promulgated under this subchapter. (b) Initiated by public. Any person may file a written notice with the department, requesting the department to investigate an alleged violation of this subchapter or rules promulgated under this subchapter or a dangerous condition involving a conveyance. The notice shall set forth the specific grounds for the request and shall be signed by the person filing the notice. Upon request of the person filing the notice, the department shall keep the person’s name confidential and shall withhold the name from public inspection under s. 19.35 (1), except that the department may disclose the name to a law enforcement officer for official purposes. If the department determines that there are reasonable grounds to believe that the alleged violation or dangerous condition exists, the department shall investigate to determine if the alleged violation or dangerous condition exists. If the department determines that there are no such reasonable grounds, the department shall notify the person filing the notice. (2) ORDERS OF THE DEPARTMENT. The department may issue orders to enforce this subchapter and rules promulgated under this subchapter. (3) PENALTIES. Any person who violates this subchapter or rules promulgated under this subchapter may be fined not more than $1,500 or imprisoned for not more than 30 days or both, except that, notwithstanding s. 939.61 (1), the owner of a private residence in which a conveyance is located may not be fined or required to pay a forfeiture to this state as a result of any violation involving that conveyance. History: 2005 a. 456.

May 22, 2026, are designated by NOTES. (Published 5-22-26)