Municipal authority. 101.86(1)(a)
Exercise jurisdiction over electrical construction and inspection of electrical construction in public buildings and places of employment by passage of ordinances, providing such ordinances meet the minimum requirements of the department's rules adopted under this subchapter. A county ordinance shall apply in any city, village or town which has not enacted such an ordinance.
By ordinance, establish and collect fees to defray the cost of jurisdiction exercised under par. (a)
or a contract under sub. (2)
By ordinance, provide remedies and penalties for violation of the jurisdiction exercised under par. (a)
A municipality may contract with the department for those inspection services which the municipality does not perform or contract for under sub. (1) (a)
and reimburse the department for its reasonable and necessary expenses incurred in the performance of such services under s. 101.82 (4)
The cost of inspection services provided by any county which has enacted an ordinance under sub. (1)
or contracted under sub. (2)
if not defrayed by fees shall be charged to or taxed upon the property within those cities, villages and towns in the county which have not enacted a local construction and inspection ordinance under sub. (1)
or contracted under sub. (2)
, and no part of the cost of inspection services may be charged to or taxed against the property within any city, village or town which has enacted such an ordinance or contracted under sub. (2)
History: 1979 c. 309
; 1999 a. 150
Regulation of electric wiring. 101.865(1)
It is hereby made the duty of every contractor and other person who does any electric wiring in this state to comply with the Wisconsin state electrical code, and the company furnishing the electric current shall obtain proof of such compliance before furnishing such service; provided, that nothing therein contained shall be construed as prohibiting any municipality from making more stringent regulations than those contained in the Wisconsin state electrical code. Proof of such compliance shall consist of a certificate furnished by a municipal or other recognized inspection department or officer, or if there is no such inspection department or officer it shall consist of a written statement furnished by the contractor or other person doing the wiring, indicating that there has been such compliance.
Any person who violates the provisions of this section is guilty of a misdemeanor and shall be fined not less than $25 nor more than $100 or imprisoned in the county jail for not less than 30 days nor more than 6 months.
History: 1983 a. 164
; Stats. 1983 s. 101.865; 1989 a. 348
; 1997 a. 253
The department shall adopt rules establishing a uniform examination for the statewide certification of master electricians and establishing certification requirements for electrical contractors, journeymen electricians and beginning electricians. The rules shall specify that only master electricians and persons who employ at least one master electrician may be certified as electrical contractors; that persons who successfully complete an apprenticeship program lasting for at least 4 years and approved by the U.S. department of labor and by the department or pass an inside journeyman wireman examination and who have installed electrical wiring for at least 48 months and have maintained and repaired electrical wiring for at least one month shall be certified as journeymen electricians; and that only persons who have some experience installing and repairing electrical wiring may be certified as beginning electricians. The rules shall provide for the periodic administration of the examination, shall specify the certification period and examination fee and shall establish criteria for the suspension of the certificate by the department for violations of a municipality's electrical code upon notification of such violations by the municipality. Applicants for certification as electrical contractors shall provide the department with their social security number, their worker's compensation number, their unemployment insurance account number, their state and federal tax identification numbers and the name and address of each partner or member if they are partnerships or limited liability companies, of the owner if they are individual proprietorships and of their officers if they are corporations.
Any municipality which by ordinance requires the licensure of electrical contractors shall issue a license to any electrical contractor who wishes to perform electrical construction work in the municipality upon the submission by the electrical contractor of evidence that at least one of his or her full-time employees has been certified by the state as a master electrician under sub. (1)
, and upon the payment of the municipality's licensure fee and the posting of any required bond. The municipality's licensure fee may not exceed the amount required to cover the administrative costs of issuing the license.
If a municipality that requires the licensure of electrical contractors on March 28, 1984, thereafter ceases to require such licensure but requires state certification under sub. (1)
, a person licensed by the municipality may continue to perform electrical construction work in that municipality upon application to the department for restricted certification limited to that municipality. The department may charge a fee for such certification.
No municipality may, before January 1, 1995, require the licensure of electrical contractors unless that municipality requires that licensure on May 11, 1990.
Compliance and penalties. 101.88(1)
Every contractor, designer and owner shall use building materials, methods and equipment which are in conformance with the rules adopted by the department under this subchapter.
All inspections shall be made by persons certified by the department.
Except as provided under s. 101.865 (2)
, whoever 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
MANUFACTURED HOMES AND MOBILE HOMES;
REGULATION OF MANUFACTURERS
In this subchapter:
"Delivery date" means the date on which a manufactured home is physically delivered to the site chosen by the owner of the manufactured home.
"Manufactured home" means any of the following:
A structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.
A structure which meets all the requirements of par. (a)
except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 USC 5401
A mobile home, unless a mobile home is specifically excluded under the applicable statute.
"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 receiver, trustee, administrator, executor, guardian or other person appointed by or acting under the judgment or order of any court.
Any public officer while performing that officer's official duty.
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.
"Manufactured home owner" means any person who purchases, or leases from another, a manufactured home primarily for use for personal, family or household purposes.
"Manufactured home park" 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 park" 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.
"Manufactured home salesperson" means any person who is employed by a manufactured home manufacturer or manufactured home dealer to sell or lease manufactured homes.
"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 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.
"New manufactured home" means a manufactured home that has never been occupied, used or sold for personal or business use.
"Used manufactured home" means a manufactured home that has previously been occupied, used or sold for personal or business use.
The definition of "manufactured home" under this section is inapplicable to determining whether a person is a mobile home dealer under s. 218.10. State v. Edlebeck, 196 Wis. 2d 744
, 539 N.W.2d 469
(Ct. App. 1995).
Departmental powers and duties.
Shall adopt, administer and enforce rules for the safe and sanitary design and construction of manufactured homes that are manufactured, distributed, sold or offered for sale in this state.
Shall promulgate rules prescribing minimum installation standards for pier installation of new manufactured homes. The rules shall be consistent with the standards for pier installation established by the American National Standards Institute and the manufactured housing industry trade organizations.
Shall license all manufacturers desiring to sell or distribute for sale manufactured homes in this state.
Shall review annually the rules adopted under this subchapter.
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.
Shall establish standards for certification of inspection and testing agencies which shall include standards for in-plant inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes and for issuance of or acceptance of a label of approval.
May enter into reciprocal agreements with other states regarding the design, construction, inspection 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.
Shall establish a staff for the administration and enforcement of this subchapter.
May revoke the license of any manufacturer who violates this subchapter or any rules promulgated thereunder.
Shall promulgate rules and establish standards necessary to carry out the purposes of ss. 101.953
A lien given by statute or rule of law to a supplier of services or materials for the manufactured home.
A lien given by statute to the United States, this state or any political subdivision of this state.
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
When certificate of title required. 101.9203(1)
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.
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.
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 unless the manufactured home is subject to a security interest or except as provided in s. 101.9209 (1) (a)
History: 1999 a. 9
Application for certificate of title. 101.9204(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 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.
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.
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.
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.
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.
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 the department, pertaining to the title history and ownership of the manufactured home.
NOTE: Par. (g) is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned for not more than 5 years or both.
History: 1999 a. 9
; s. 13.93 (2) (c).
When department to issue certificate and to whom; maintenance of records. 101.9205(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.
The department shall maintain a record of all applications, and all certificates of title issued by the department, indexed in the following manners:
Alphabetically, according to the name of the owner.
In any other manner that the department determines to be desirable.
The department shall charge a fee of not less than $2 for conducting a file search of manufactured home title records.