SPS 131.12 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) (intro.), (b), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 13-030: am. (1) (intro.) Register November 2013 No. 695, eff. 12-1-13; CR 14-010: renum. 131.12 (title), (intro.), (1) to (3) from SPS 132.05 (title), (1) (intro.), (1) (a) to (c) and am. (title), (intro.), (2) Register August 2014 No. 704, eff. 9-1-14; correction in (2) under s. 13.92 (4) (b) 7. Register August 2014 No. 704, eff. 9-1-14.
SPS 131.13 SPS 131.13Late renewal. A registrant who fails to meet the requirements of s. SPS 131.12 by the renewal date may not engage in practice as a home inspector until the registration is renewed. A registrant who fails to meet the requirements of s. SPS 131.12 by the renewal date and who applies for renewal less than 5 years after the expiration date of his or her registration may renew by submitting all of the following to the department:
SPS 131.13(1) (1) An application for renewal on a form provided by the department.
SPS 131.13(2) (2) Evidence that the registrant has, during the biennial period immediately preceding application, completed the continuing education requirements specified in subch. V.
SPS 131.13(3) (3) The fee specified in s. 440.08 (2) (a) 38g., Stats.
SPS 131.13(4) (4) The late renewal fee specified in s. 440.08 (3) (a), Stats.
SPS 131.13 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 14-010: renum. 131.13 (intro.), (1) to (4) from SPS 132.05 (2) (intro.), (a) to (c) and cr. (title) and am. (intro.), (2) Register August 2014 No. 704, eff. 9-1-14; correction in (2) under s. 13.92 (4) (b) 7. Register August 2014 No. 704, eff. 9-1-14.
SPS 131.14 SPS 131.14Reinstatement of license. If an application for restoring a registration occurs 5 years or more after expiration of the applicant's most recent registration, the applicant's registration may be reinstated by filing with the department an application and the fees specified in s. 440.08 (3) (a), Stats. The department may also require demonstration of competence by various methods including, but not limited to, written or oral examination, documentation of home inspection in other jurisdictions, or documentation of current education or experience in the field. Any examination or education required under this section may not be more extensive than the educational or examination requirements for initial registration with the department.
SPS 131.14 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) (intro.), (b), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 13-030: renum. 131.14 from SPS 132.05 (3) and cr. (title) and am. Register November 2013 No. 695, eff. 12-1-13.
SPS 131.15 SPS 131.15Denial of registration. An application for registration under this chapter may be denied for fraud or misrepresentation in the application for registration, or for any of the grounds under s. 440.978, Stats., for which the department may discipline a registrant.
SPS 131.15 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 14-010: renum. 131.15 from SPS 132.06 Register August 2014 No. 704, eff. 9-1-14.
subch. III of ch. SPS 131 Subchapter III — Examinations
SPS 131.21 SPS 131.21Examination requirements.
SPS 131.21(1) (1) An applicant for registration as a home inspector shall file an application for examination on a form prescribed by the department and shall submit a fee specified in s. 440.05 (1) (b), Stats., at least 30 days before the date of the examination.
SPS 131.21 Note Note: Application forms are available on request to the department at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.
SPS 131.21(2) (2) On or after January 1, 2001, the department shall prepare or approve a 2-part examination. Part I shall consist of an examination relating to the Wisconsin statutes and administrative rules that relate to the practice of home inspection. Part II shall consist of an examination relating to the principles and procedures that relate to the practice of home inspection.
SPS 131.21 Note Note: An otherwise qualified applicant with a disability shall be provided with reasonable accommodations.
SPS 131.21 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; am. (3), Register, May, 2001, No. 545, eff. 6-1-01; CR 14-010: renum. 131.21 (title), (1), (2) from SPS 133.01 (title), (1), (3) Register August 2014 No. 704, eff. 9-1-14; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register August 2014 No. 704, eff. 9-1-14.
SPS 131.22 SPS 131.22Examination grade.
SPS 131.22(1) (1) To pass each examination part the applicant shall receive a grade determined by the department to represent the minimum competence to practice. The department shall determine the passing grade for part I of the examination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing grade for the examination at that point which represents minimum acceptable competence in the profession. The department shall determine the passing grade for part II of the examination in the same manner as for part I or the department may accept the passing grade recommendation of a testing agency whose examination has been approved by the department.
SPS 131.22(2) (2) The department may refuse to release grades or issue a home inspector registration if the department determines that an applicant violated the rules of conduct of the examination or otherwise acted dishonestly.
SPS 131.22 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; am. (1), Register, May, 2001, No. 545, eff. 6-1-01; CR 14-010: renum. 131.22 from SPS 133.02 Register August 2014 No. 704, eff. 9-1-14.
SPS 131.23 SPS 131.23Examination review. An applicant who fails the required examination may request a review of that examination as permitted by the examination provider. If a review is provided, all of the following conditions apply:
SPS 131.23(1) (1) An applicant shall file a written request with the department within 30 days after the date on which the examination results were mailed and pay the fee specified in s. SPS 4.05.
SPS 131.23(2) (2) An applicant may review the examination by appointment only and shall be limited to the time permitted by the examination provider.
SPS 131.23(3) (3) An applicant may not be accompanied during the review by any person other than the proctor.
SPS 131.23(4) (4) An applicant shall be provided with a form on which to write comments, questions or claims of error regarding any items in the examination. Bound reference books shall be permitted. An applicant may not remove any notes from the area. Notes shall be retained by the proctor and made available to the applicant for use at a hearing, if desired. The proctor may not defend the examination nor attempt to refute claims of error during the review.
SPS 131.23(5) (5) An applicant may not review the examination more than once.
SPS 131.23 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-010: renum. 131.23 from SPS 133.03 Register August 2014 No. 704, eff. 9-1-14.
SPS 131.24 SPS 131.24Reexamination. An applicant who fails to achieve passing grades on the examinations required under this chapter may apply for reexamination on forms provided by the department. For each reexamination, the applicant shall pay the reexamination fee specified in s. 440.06, Stats.
SPS 131.24 Note Note: Forms are available on request to the department at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.
SPS 131.24 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 14-010: renum. 131.24 from SPS 133.04 Register August 2014 No. 704, eff. 9-1-14.
subch. IV of ch. SPS 131 Subchapter IV — Standards of Practice
SPS 131.31 SPS 131.31General requirements.
SPS 131.31(1) (1) A home inspector shall perform a reasonably competent and diligent home inspection of the readily accessible installed systems and components required to be inspected under s. SPS 131.32 to detect observable conditions of an improvement to residential real property. A reasonably competent and diligent home inspection is not required to be technically exhaustive.
SPS 131.31(2) (2) This section does not require a home inspector to do any of the following:
SPS 131.31(2)(a) (a) Offer a warranty or guarantee of any kind.
SPS 131.31(2)(b) (b) Calculate the strength, adequacy or efficiency of any component of an improvement to residential real property.
SPS 131.31(2)(c) (c) Enter any area or perform any procedure that may damage an improvement to residential real property or a component of an improvement to residential real property, or enter any area or perform any procedure that may be dangerous to the home inspector or to other persons.
SPS 131.31(2)(d) (d) Operate any component of an improvement to residential real property that is inoperable.
SPS 131.31(2)(e) (e) Operate any component of an improvement to residential real property that does not respond to normal operating controls.
SPS 131.31(2)(f) (f) Disturb insulation or move personal items, furniture, equipment, vegetation, soil, snow, ice or debris that obstructs access to or visibility of an improvement to residential real property or a component of an improvement to residential real property.
SPS 131.31(2)(g) (g) Determine the effectiveness of a component of an improvement to residential real property that was installed to control or remove suspected hazardous substances.
SPS 131.31(2)(h) (h) Evaluate acoustic characteristics of a component of an improvement to residential real property.
SPS 131.31(2)(i) (i) Project or estimate the operating costs of a component of an improvement to residential real property.
SPS 131.31(2)(j) (j) Predict future conditions, including the failure of component of an improvement to residential real property.
SPS 131.31(2)(k) (k) Inspect for the presence or absence of pests, including rodents, insects and wood-damaging organisms.
SPS 131.31(2)(L) (L) Inspect cosmetic items, underground items or items not permanently installed.
SPS 131.31(2)(m) (m) Inspect for the presence of any hazardous substances.
SPS 131.31(2)(n) (n) Disassemble any component of an improvement to residential real property, except for removing an access panel that is normally removed by an occupant of residential real property.
SPS 131.31(3) (3) This section does not prohibit a home inspector from doing any of the following:
SPS 131.31(3)(a) (a) Reporting observations or conditions in addition to those required under this section.
SPS 131.31(3)(b) (b) Excluding a component of an improvement to residential real property from the inspection, if requested to do so by his or her client.
SPS 131.31(3)(c) (c) Engaging in an activity that requires an occupation credential if he or she holds the necessary credential.
SPS 131.31 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 14-010: renum. 131.31 from SPS 134.02 and am. (1) Register August 2014 No. 704, eff. 9-1-14.
SPS 131.32 SPS 131.32Mechanical and structural components included in a home inspection. A reasonably competent and diligent home inspection shall meet the standards in subs. (1) to (11) and shall include an inspection of, and report on, all of the following items that are present on the property at the time of the home inspection:
SPS 131.32(1) (1)Foundations. A home inspector shall observe and describe the type and condition of the foundation.
SPS 131.32(2) (2)Columns. A home inspector shall observe and describe the type and condition of columns.
SPS 131.32(3) (3)Flooring systems. A home inspector shall observe and describe the type and condition of flooring systems.
SPS 131.32(4) (4)Roofs.
SPS 131.32(4)(a)(a) A home inspector shall observe and describe the condition of all of the following:
SPS 131.32(4)(a)1. 1. Roof coverings, including type.
SPS 131.32(4)(a)2. 2. Roof drainage systems.
SPS 131.32(4)(a)3. 3. Flashings.
SPS 131.32(4)(a)4. 4. Skylights, chimneys and roof penetrations.
SPS 131.32(4)(a)5. 5. Signs of leaks or abnormal condensation on building components.
SPS 131.32(4)(b) (b) A home inspector shall describe the methods used to observe the roof.
SPS 131.32(4)(c) (c) A home inspector is not required to do any of the following:
SPS 131.32(4)(c)1. 1. Walk on the roofing.
SPS 131.32(4)(c)2. 2. Observe attached accessories, including, but not limited to, solar systems, antennae and lightning arrestors.
SPS 131.32(4)(c)3. 3. Observe internal gutter and downspout systems and related underground drainage piping.
SPS 131.32(5) (5)Exteriors.
SPS 131.32(5)(a)(a) A home inspector shall observe and describe the condition of all of the following:
SPS 131.32(5)(a)1. 1. Wall claddings, including type.
SPS 131.32(5)(a)2. 2. Flashings and trim.
SPS 131.32(5)(a)3. 3. Entryway doors and at least one window per side of a dwelling unit.
SPS 131.32(5)(a)4. 4. Garage door operators, including whether any garage door operator automatically reverses or stops when meeting reasonable resistance during closing.
SPS 131.32(5)(a)5. 5. Decks, balconies, stoops, steps and porches including railings.
SPS 131.32(5)(a)6. 6. Eaves, soffits and fascias.
SPS 131.32(5)(a)7. 7. Grading, drainage, driveways, patios, walkways, and retaining walls that abut the dwelling unit.
SPS 131.32(5)(b) (b) A home inspector shall operate all entryway doors, garage doors, and at least one window per side of a dwelling unit.
SPS 131.32(5)(c) (c) A home inspector is not required to observe the following:
SPS 131.32(5)(c)1. 1. Storm windows, storm doors, screening, shutters, awnings, and similar seasonal accessories.
SPS 131.32(5)(c)2. 2. Locks, latches or other security devices or systems.
SPS 131.32(5)(c)3. 3. Intercom systems.
SPS 131.32(5)(c)4. 4. Fences or privacy walls.
SPS 131.32(5)(c)5. 5. Insulation or vapor barriers in exterior walls.
SPS 131.32(5)(c)6. 6. Safety glazing.
SPS 131.32(5)(c)7. 7. Garage door operator remote control transmitters.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.