2001 - 2002 LEGISLATURE
March 4, 2002 - Introduced by Representative Schooff. Referred to Committee on
Labor and Workforce Development.
1An Act to renumber
440.01 (1) (a), 452.01 (3j) and 452.01 (3k); to amend
(19), 16.854 (3), 23.41 (5), 50.02 (2) (b) 1., 50.36 (2) (a), 150.29 (1) and 231.20; 3
and to create
15.407 (7), 16.855 (14m), 66.0901 (2m), 101.12 (2m), 101.65 (1s), 4
440.08 (2) (a) 68b. and subchapter XII of chapter 440 [precedes 440.99] of the 5
statutes; relating to: regulating roofing contractors, creating a roofing
6advisory council, extending the time limit for emergency rule procedures,
7providing an exemption from emergency rule procedures, granting
8rule-making authority, and providing penalties.
Analysis by the Legislative Reference Bureau
Under this bill, with certain exceptions, a person may not perform roofing
contracting services, or use the title "roofing contractor" or a similar title, unless the
department of regulation and licensing (DRL) has issued a license to the person.
"Roofing contracting services" are defined as the construction, reconstruction,
alteration, maintenance, or repair of roofs, except for roofs of farm buildings. In
addition, "roofing contracting services" are defined not to include the installation of
plastics, glass, or fiberglass to greenhouses or other horticultural structures. The
following persons are exempt from the licensure requirement: 1) a seller of roofing
materials; 2) a person who provides roofing contracting services, if the services are
not performed by the person or the person's employees; 3) a person who performs
roofing contracting services without compensation; and 4) an employee of an
employer who is licensed.
An applicant for a license must satisfy certain requirements, including passing
an examination approved by DRL that tests competency to perform roofing
contracting services. The examination must also test knowledge of lien laws and
safety requirements. An applicant must also submit evidence to DRL that the
applicant has in effect public liability and property damage insurance in amounts
specified in rules promulgated by DRL. Also, an applicant must submit evidence that
the applicant either has worker's compensation insurance or is exempt from the
requirement to have insurance by the department of workforce development. In
addition, an applicant must file a $5,000 bond with DRL.
DRL must assign a unique license number to each license that it issues. A
licensee must conspicuously display the license at the licensee's principal place of
business, and must affix the license number to all bids and contracts, display the
license number on all vehicles used for performing roofing contracting services, and
include the license number in all advertisements. A licensee must also renew the
license every two years.
The bill allows DRL to take disciplinary action, including revoking or
suspending a license, against a person who violates the bill's requirements, including
engaging in unprofessional or unethical conduct in violation of a code of ethics
established in rules promulgated by DRL. Other grounds for discipline include
advertising in a false, deceptive, or misleading manner, committing gross negligence
or misconduct, receiving compensation for roofing contracting services that were not
performed, and grossly and knowingly overcharging for roofing contracting services.
The bill also allows DRL to summarily suspend a license for up to 30 days if DRL has
probable cause to believe that a violation of the bill's requirements has occurred and
the suspension is necessary to protect the public health, safety, or welfare. A person
who violates the bill's requirements may be fined not more than $1,000, imprisoned
for not more than nine months, or both. In addition, DRL may directly assess a
forfeiture of not more than $5,000 against an unlicensed person who performs
roofing contracting services or uses a prohibited title.
The bill also creates a roofing advisory council consisting of six licensees and
one public member. DRL must obtain comments from the council when DRL
promulgates rules under the bill. In addition, the council is allowed to petition DRL
for the adoption, amendment, or repeal of rules relating to the regulation of roofing
Finally, the bill also does all of the following:
1. Allows a person who is aggrieved by a violation of the bill's requirements to
bring an action to enjoin the violation or to recover actual damages sustained as a
result of the violation.
2. Prohibits the department of administration and municipalities from
entering into contracts for roofing contracting services unless the contract provides
that the services will be performed by a licensee or a person exempt from licensure.
3. Prohibits the construction of hospitals, nursing homes, and public buildings
that are subject to plan review by the department of health and family services or
the department of commerce unless the applicant submits satisfactory evidence that
any roofing contracting services will be performed by a licensee or a person exempt
4. Prohibits cities, villages, towns, and counties from issuing building permits
unless the applicant provides satisfactory evidence that any roofing contracting
services will be performed by a licensee or a person exempt from licensure.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
13.48 (19) Alternatives to state construction.
Whenever the building 4
commission determines that the use of innovative types of design and construction 5
processes will make better use of the resources and technology available in the 6
building industry, the building commission may waive any or all of s. 16.855, except
7s. 16.855 (14m),
if such action is in the best interest of the state and if the waiver is 8
accomplished through formal action of the building commission. The building 9
commission may authorize the lease, lease purchase or acquisition of such facilities 10
constructed in the manner authorized by the building commission. Subject to the 11
requirements of s. 20.924 (1) (i), the building commission may also authorize the 12
lease, lease purchase or acquisition of existing facilities in lieu of state construction 13
of any project enumerated in the authorized state building program.
AB877, s. 2
15.407 (7) of the statutes is created to read:
15.407 (7) Roofing advisory council.
(a) There is created a roofing advisory 16
council in the department of regulation and licensing and serving the department in
an advisory capacity. The council shall consist of the following members appointed 2
for 4-year terms:
1. Six persons licensed under subch. XII of ch. 440.
2. One public member.
(b) The members appointed under par. (a) 1. shall be appointed to provide 6
geographic diversity to the council.
AB877, s. 3
16.854 (3) of the statutes is amended to read:
It shall be a goal of the department, with regard to each of the 9
contracts described under sub. (2) (a), (b) and (c), to award at least 25% of the dollar 10
value of such contracts to minority businesses and at least 5% of the dollar value of 11
such contracts to women's businesses. Sections 16.85,
16.855, except s. 16.855
16.87 do not apply to services provided or contracted by the department 13
under this section.
AB877, s. 4
16.855 (14m) of the statutes is created to read:
The department may not enter into any contract for roofing 16
contracting services, as defined in s. 440.99 (1), unless the contract provides that 17
those services will be provided by a person who is licensed under subch. XII of ch. 440 18
or is exempt from licensure under that subchapter.
Each contract for construction work entered into by the department 22
under this section shall be awarded on the basis of bids or competitive sealed 23
proposals in accordance with procedures established by the department. Each 24
contract for construction work shall be awarded to the lowest responsible bidder or 25
the person submitting the most advantageous competitive sealed proposal as
determined by the department. If the bid of the lowest responsible bidder or the 2
proposal of the person submitting the most advantageous competitive sealed 3
proposal is determined by the department to be in excess of the estimated reasonable 4
value of the work or not in the public interest, the department may reject all bids or 5
competitive sealed proposals. Every such contract is exempted from ss. 16.70 to 6
16.75, 16.755, 16.76, 16.767 to 16.82, and
except s. 16.855 (14m), and from
16.87 and 16.89, but ss. 16.528, 16.754 and 16.765 apply to the contract. Every 8
such contract involving an expenditure of more than $60,000 is not valid until the 9
contract is approved by the governor.
AB877, s. 6
50.02 (2) (b) 1. of the statutes is amended to read:
(b) 1. The department shall conduct plan reviews of all capital 12
construction and remodeling of nursing homes to ensure that the plans comply with 13
building code requirements under ch. 101 and with life safety code and physical plant 14
requirements under s. 49.498, this chapter or under rules promulgated under this 15
chapter. If the plans involve the performance of roofing contracting services, as
16defined in s. 440.99 (1), construction or remodeling may not commence unless the
17applicant submits with the plans evidence satisfactory to the department that those
18services will be performed by a person who is licensed under subch. XII of ch. 440 or
19is exempt from licensure under that subchapter.
AB877, s. 7
50.36 (2) (a) of the statutes is amended to read:
(a) The department shall conduct plan reviews of all capital 22
construction and remodeling projects of hospitals to ensure that the plans comply 23
with building code requirements under ch. 101 and with physical plant requirements 24
under this chapter or under rules promulgated under this chapter.
If the plans
25involve the performance of roofing contracting services, as defined in s. 440.99 (1),
1construction or remodeling may not commence unless the applicant submits with the
2plans evidence satisfactory to the department that those services will be performed
3by a person who is licensed under subch. XII of ch. 440 or is exempt from licensure
4under that subchapter.
AB877, s. 8
66.0901 (2m) of the statutes is created to read:
66.0901 (2m) Roofing contracting services.
A municipality may not enter 7
into a public contract for roofing contracting services, as defined in s. 440.99 (1), 8
unless the contract provides that those services will be performed by a person who 9
is licensed under subch. XII of ch. 440 or is exempt from licensure under that 10
AB877, s. 9
101.12 (2m) of the statutes is created to read:
If the plans specified in sub. (2) involve the performance of roofing 13
contracting services, as defined in s. 440.99 (1), construction may not commence 14
unless the designer or owner submits with the plans evidence satisfactory to the 15
department that those services will be performed by a person who is licensed under 16
subch. XII of ch. 440 or is exempt from licensure under that subchapter.
AB877, s. 10
101.65 (1s) of the statutes is created to read:
May not issue a building permit unless the applicant provides 19
evidence satisfactory to the city, village, town, or county that all roofing contracting 20
services, as defined in s. 440.99 (1), will be performed by a person who is licensed 21
under subch. XII of ch. 440 or is exempt from licensure under that subchapter.
AB877, s. 11
150.29 (1) of the statutes is amended to read:
No person may enter into an obligation for a project described in s. 24
150.21 or engage in activities described in that section without the department's 25
prior approval. If the project involves the performance of roofing contracting
1services, as defined in s. 440.99 (1), the department may not approve the project
2unless the applicant submits evidence satisfactory to the department that those
3services will be performed by a person who is licensed under subch. XII of ch. 440 or
4is exempt from licensure under that subchapter.
AB877, s. 12
231.20 of the statutes is amended to read:
6231.20 Waiver of construction and bidding requirements.
In exercising 7
its powers under s. 101.12, the department of commerce or any city, village, town or 8
county may, within its discretion for proper cause shown, waive any particular 9
requirements relating to public buildings, structures, grounds, works and 10
improvements imposed by law upon projects under this chapter; the requirements 11
of s. ss. 101.12 (2m) and
101.13 may not be waived, however. If, however, the 12
prospective lessee so requests in writing, the authority shall, through the 13
participating health institution, participating educational institution or 14
participating child care provider as its agent, call for construction bids in such 15
manner as is determined by the authority with the approval of the lessee.
AB877, s. 13
440.01 (1) (a) of the statutes is renumbered 440.01 (1) (aj).
AB877, s. 14
440.08 (2) (a) 68b. of the statutes is created to read:
(a) 68b. Roofing contractor: January 1 of each even-numbered year; 19